judicial inconsistency

Gorsuch Criticizes SCOTUS Ideological Splits, Daily Beast Cries Civil War

Justice Neil Gorsuch issued a sharp concurring opinion, criticizing his conservative colleagues for inconsistent application of the “major questions doctrine.” This doctrine requires clear congressional authorization for policies of significant national impact. Gorsuch highlighted that the doctrine was invoked to overturn President Biden’s student loan forgiveness, yet some justices who previously supported its use dissented in the current ruling against former President Trump’s tariffs. He also noted that liberal justices, who have historically criticized the doctrine, did not object to its use in this instance.

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