Learning Resources, Inc. v. Trump · ¶446

The Chief Justice's opinion's reliance on the major questions doctrine in this foreign affairs case is a first—a novel and unprecedented use of the major questions doctrine to invalidate Presidential action taken pursuant to congressional authorization in the foreign affairs area. I frmly disagree with that use of the major questions doctrine here. In the foreign affairs context, including tariffs, the longstanding rule is simple: Interpret the statute as written, not with a thumb on the scale against the President.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.