Welcome back to Gray Matters, the podcast of the Seaboard and Grey Center for the study of the administrative state.

I'm Jason LinkedIn, the Gray Center's Policy and Strategy Director, And today we don't have a guest. It's another

office pod and it's our executive director, Adam White, and our research director, Bennett News,

here to tell you something you might not have already heard about the tariff case from last week.

Adam, I've heard a lot. So every legal commentator, every legal podcast has already talked about the basic thrust of this opinion.

But they haven't really gotten into the weeds on how a lot of the concurring opinions are very similar.

Specifically, the disagreement between Neil Gorsuch and Amy Coney-Barrid about the major questions doctrine, and then

Justice Kagan coming and saying, well, I don't agree with the major questions doctrine, but then what

she lays out doesn't seem all that different. Can you help us? Let's, we'll find out, Jason.

Now, Jay's just to be clear, are you saying you don't want Bennett and me to walk you through

90 minutes of explaining what the court decided. We're not going to do

that here? I think if someone had insomnia, we could recommend that, but so many people have

already done that, and we might do it better, but that's for another time.

Well, just diving right in, then. You're right. I mean, one of the striking things about this case is that given the magnitude of the issue and given all the attention paid to this case, and given, I don't know the right way to put this is, but the intensity of the opinions, the emphatic way the justices are disagreeing

with each other, it is really striking to really parse the opinion substantively and ask,

what's actually the difference here? What's the difference between Justice Kagan and Justice

Barrett and Chief Justice Roberts' majority opinion.

Even between the majority opinion and the principal dissent, for all of the ink that is

spilled in both opinions and the Chief Justice's majority opinion is very, very, it's pretty

swift, 20 pages, basically.

It really does come down to a very fine-tuned disagreement between, say, Chief Justice Roberts's

majority and Justice Kavanaugh's dissent, a fine-tuned disagreement between what Congress intended

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