Learning Resources, Inc. v. Trump · ¶381

To properly set up the inquiry: A major questions issue arises when: (i) the Executive relies on the text of a generally worded statute to exercise a specific power of major economic and political significance; (ii) the generally worded statute does not explicitly mention the specific major power, but (iii) the asserted major power falls within the generally worded text of the statute such that the Executive's assertion of that power “would, under more ordinary circumstances, be upheld,” West Virginia, 597 U. S., at 724 (majority opinion) (quotation marks omitted).

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