Learning Resources, Inc. v. Trump · ¶386

First, the major questions doctrine's most prominent work has been to ensure that the Executive cannot suddenly seize on an old and generally worded statute to exercise a power of great economic and political significance when that power would not reasonably have been understood at the time of enactment to fall within that generally worded statute. See West Virginia, 597 U. S., at 720–735; Brown & Williamson, 529 U. S., at 159–161. As the Court has said: “When an agency claims to discover in a long-extant statute an unheralded power to regulate a significant portion of the American economy, we typically greet its announcement with a measure of skepticism.” Utility Air, 573 U. S., at 324 (citation and quotation marks omitted); West Virginia, 597 U. S., at 748 (Gorsuch, J., concurring).

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