Learning Resources, Inc. v. Trump · ¶84

If my colleagues all but apply the major questions doctrine today, maybe they are simply recognizing what they have in other separation of powers cases involving the delegation of legislative power: that “[t]he guidance needed is greater” when the executive branch seeks to take “action[s] [that] will affect the entire national economy.” FCC v. Consumers' Research, 606 U. S. 656, 673 (2025) (opinion for the Court by Kagan, J.) (internal quotation marks omitted). Or maybe my colleagues believe the power the President asserts here outstrips even those powers executive officials asserted in our past major questions cases. But whatever the case, my concurring colleagues' course today suggests that skeptics owe the major questions doctrine a second look.

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