Trump v. Slaughter · ¶208

Against this backdrop, the majority at most can point to the paucity of many removal protections enacted during most of the 19th century. The majority’s view thus appears to be that Congress’s inaction, in declining to impose provisions identical to the FTC’s until 1887, forfeited its ability ever to do so in the future. If that is how the majority sees things, then it is the majority that endorses an unsupported, use-it-or-lose-it “adverse possession” theory of constitutional powers. Ante, at 24.

slip opinion, revised 7/07/26
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