Learning Resources, Inc. v. Trump · ¶185
At times, though, Justice Gorsuch suggests that the purpose of the major questions doctrine is something other than to ascertain the most natural reading of a statute. For example, he writes that the doctrine serves to prevent “highly resourceful members of the executive branch” from “assum[ing] new power for themselves” because “men are not angels.” Ante, at 270 (concurring opinion); see West Vir ginia v. EPA, 597 U. S. 697, 735 (2022) (Gorsuch, J., concurring) (describing doctrine as a “clear-statement rul[e]” that “operates to protect foundational constitutional guarantees”); National Federation of Independent Business v. OSHA, 595 U. S. 109, 124–126 (2022) (Gorsuch, J., concurring) (similar). But if the Constitution permits Congress to give the Executive a particular power, who are we to get in the way? Does the Judiciary really protect the Constitution by impeding the…Read in context ›
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