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Reason
Reason
Politics
Josh Blackman

REVEALED: Learning resources for learning resources | Rare Historical Photos

Learning Resources v. Trump may seem like a very important decision today, but I'm not sure how much it will matter in the near future.

First, Chief Justice Roberts wrote the majority opinion. The Chief, per his usual style, said very little. He purported to simply apply longstanding doctrine, even where he broke new ground, especially on the application of the major questions doctrine for foreign affairs. Moreover, Roberts did not fully engage with most of the historical precedents advanced in Justice Kavanaugh's dissent. Roberts opinions are, as a general matter, not good teaching tools. Students invariably are left feeling unfulfilled.

Second, it isn't clear to me whether this case even belongs in a constitutional law casebook. I think classes on statutory interpretation could benefit from this decision. The major questions doctrine also makes sense for an administrative law class. But the majority opinion says very little about constitutional law. Sure, the Chief Justice gestures to Article I, which reserves the taxing power to Congress. And that principle does some work with the major questions doctrine. But the real work is not based on the text of the Constitution, but instead on how Congress over time delegated the power to impose taxes to the President. Again, this is not really about constitutional law. (I suspect the birthright citizenship will also be resolved on statutory grounds, removing another possible entry to a constitutional law casebook.)

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