Learning Resources, Inc. v. Trump · ¶81

Why do my concurring colleagues read IEEPA so much more narrowly than they have other broad statutory terms found in other major legislation addressing other emergencies? They say contextual clues justify a narrowing construction here. See post, at 305–310. But what the concurrence calls “context” looks remarkably like the major questions doctrine's rule that, when executive branch officials claim Congress has granted them an extraordinary power, they must identify clear statutory authority for it. See ante, at 248 (reciting the rule).

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