Trump v. Slaughter · ¶140
We have, then, no shortage of tools. The only real question is whether we will use them. Yes, we often recite, the Constitution contains “a bar on [the] delegation” of “[l]egislative power” to agencies. FCC v. Consumers’ Research, 606 U. S. 656, 672 (2025). But we have sometimes shrunk from applying that rule, worried that “our increasingly complex society” cannot manage unless someone else assumes Congress’s job of making the laws that govern us. Mistretta v. United States, 488 U. S. 361, 372 (1989). Yes, we say, when agencies claim “[e]xtraordinary” delegated power, they “must point to clear congressional authorization for” it. West Virginia, 597 U. S., at 723 (internal quotation marks omitted). But some have also suggested the major questions doctrine might be tainted by an “anti-administrativestate stance,” one that could prevent the “people . . . found in agencies” “from doing…Read in context ›
slip opinion, revised 7/07/26
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