Source: Law & Liberty
by Robert G Natelson
“Justice Neil Gorsuch’s concurring opinion in the tariff case of Learning Resources v. Trump rightfully has garnered favorable attention. This is largely due to its clear explanation of the Supreme Court’s ‘major questions doctrine.’ As recited by Justice Gorsuch, the major questions doctrine is that, ‘to sustain a claim that Congress has granted them an extraordinary power, executive officials must identify clear authority for that power.’ Not all the members of the court agree with that formulation, but it does seem to command a majority of the justices. Justice Gorsuch’s statement of the doctrine, however, leaves a circle open that I would like to close. My thesis is that the major questions doctrine is simply the logical obverse of the doctrine of incidental (or implied) authority.” (03/11/26)
https://lawliberty.org/gorsuchs-take-on-the-major-questions-doctrine/