In fact, the Court’s modern conservatives created the “major questions” doctrine in a 2022 case that struck down clean-air regulations issued by the EPA to the consternation of the three dissenting liberals. Justice Elena Kagan accused the majority of “magically” creating the concept to engineer a preferred policy outcome.

As the U.S. Supreme Court weighs the legality of Donald Trump's sweeping tariffs, a Democratic-appointed judge's opinion from an earlier stage in the case could offer the Republican president a roadma...

“The current administration’s use of IEEPA to impose virtually unbounded tariffs is not only unprecedented but is causing irreparable harm ,” the U.S. Chamber of Commerce wrote in a court filing last...