I think sounds of silence signal that the legal part of Team Trump is having a terrible, horrible, no good, very bad weekend.
Meanwhile, an insightful op-ed in the N.Y. Times speaks of a recently invented right wing legal principle—the major questions doctrine, newly discovered as a conservative cure for perceived liberal excesses—that requires “clear congressional authorization” when the bureaucrats make decisions of great “economic and political significance.” Otherwise, bye-bye liberal policy adventuresomeness.
Now, Orange Mussolini is the poster child for one who makes decisions of great economic and political significance without a ghost of a shadow of congressional authorization.
Will the courts apply their new major questions doctrine in an intellectually consistent way? Stay tuned. We’ll find out in due course. See Aaron Tang, Will This Conservative Legal Doctrine Undo Trump’s First Months in Office?
Enquiring minds want to know.
