What Justice Gorsuch Fears
The Atlantic
February 25, 2026
AI-Generated Deep Dive Summary
The recent Supreme Court decision on tariffs highlights Justice Neil Gorsuch’s emphasis on the major-questions doctrine as a tool to prevent executive overreach. Writing a concurring opinion in *U.S. v. Florida ex rel. Bryant*, Gorsuch argued that Congress must clearly delegate authority to the executive branch, warning against vague statutory language that could be exploited by resourceful officials. Drawing parallels to Justice Robert Jackson’s influential concurrence in *Youngstown Steel & Tube Co. v. Sawyer*, Gorsuch underscored the importance of maintaining a robust separation of powers to protect liberty.
Gorsuch’s argument centers on the idea that presidents should only exercise powers explicitly authorized by Congress, rather than interpreting ambiguous statutes in their favor. He criticized colleagues like Justices Elena Kagan and Sonia Sotomayor for selectively applying strict textualism in cases where it suits presidential agendas, such as expanding executive authority under Joe Biden. Gorsuch framed his stance not as anti-administrative but pro-Congress, asserting that the major-questions doctrine ensures lawmakers retain control over delegated powers.
This issue matters deeply to readers interested in politics, particularly those concerned about the steady erosion of Congressional oversight and the concentration of power in the executive branch. Gorsuch’s approach aligns with constitutional originalism, advocating for a return to Founding principles where Congress acts as a check on presidential authority. His reasoning not only addresses historical precedents but also offers a framework to balance modern administrative complexities with constitutional safeguards, ensuring that no single branch oversteps its intended role.
By championing the major-questions doctrine, Gorsuch positions himself as a key voice in debates over executive power and legislative intent
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Originally published on The Atlantic on 2/25/2026