What the Enacting Congress Thinks of the Clean Power Plan?

There's a cannon that the federals and canon, which says, kind like, as an empirical matter, we think that congress tends not to overstep when it comes to state authority. So at least you're still kind of doing textualism when you apply that cannon. But when you look at this version of the major questions doctrin that's in the briefs, the things that the petitioners are telling the court to look at to decide that a question is major have nothing to do with the text of the statute," he said. "It's something else. It's like an attempt to do non delegation by other means"