Learning Resources, Inc. v. Trump · ¶36
We have described several of these cases as “major questions” cases. Nebraska, 600 U. S., at 505; West Virginia, 597 U. S., at 732; see also FDA v. Brown & Williamson Tobacco Corp., 529 U. S. 120, 159 (2000) (citing S. Breyer, Judicial Review of Questions of Law and Policy, 38 Admin. L. Rev. 363, 370 (1986)). In each, the Government claimed broad, expansive power on an uncertain statutory basis. And in each, the statutory text might “[a]s a matter of defnitional possibilities” have been read to delegate the asserted power. West Virginia, 597 U. S., at 732 (internal quotation marks omitted). But “context” counseled “skepticism.” Id., at 721, 732. That context included not just other language within the statute, but “constitutional structure” and “common sense.” Nebraska, 600 U. S., at 512, 515 (Barrett, J., concurring). “[B]oth separation of powers principles and a practical…Read in context ›
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