Learning Resources, Inc. v. Trump · ¶387

The doctrine thus precludes an agency's attempt to effectuate “a fundamental revision of the statute.” MCI Tele communications Corp. v. American Telephone & Telegraph Co., 512 U. S. 218, 231 (1994). Stated otherwise, an “agency's attempt to deploy an old statute focused on one problem to solve a new and different problem” may be “a warning sign that it is acting without clear congressional authority.” West Virginia, 597 U. S., at 747 (Gorsuch, J., concurring). The Court's skepticism about major executive action in those scenarios has been heightened when Congress has “conspicuously and repeatedly declined to enact” legislation that would have authorized the executive action in question. Id., at 724 (majority opinion).

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