SCOTUS Deep Dive

Major Questions Doctrine / Tariff Case Fragility

Major Questions Doctrine / Tariff Case Fragility

Analysis of the tariff case reveals MQD's fragility: Roberts used it but only Gorsuch and Barrett joined that part, Barrett's support nominal, Kagan offered alternative reasoning, Gorsuch criticized. Suggests the doctrine may be fading.

Sources (2)
Updated Jul 26, 2026