Gorsuch held that most of eastern Oklahoma isn’t actually part of Oklahoma and that “sex” in Title VII of the Civil Rights Act doesn’t actually mean what those in Congress who passed the legislation knew it meant when they passed it. Now he’s a principled champion of the major questions doctrine. Spare me.
Everyone is mostly talking about Gorsuch taking issue with the dissenters in the tariff case, but his swipe at Kagan, Sotomayor, and Jackson is exquisite.
“Not everyone sees it this way. Past critics of the major questions doctrine do not object to its application in this case, and they even join much of today’s principal opinion. But, they insist, they can reach the same result by employing only routine tools of statutory interpretation.”
"Start with the critics. In the past, they have criticized the major questions doctrine for two main reasons. The doctrine, they have suggested, is a novelty without basis in law… And, they have argued, the doctrine is rooted in an ‘anti-administrative-state stance’…”
"Today, the critics proceed differently. They join a section of the principal opinion that applies the major questions doctrine.”
"It is an interesting turn of events.”