Gwen and Marc open this episode with a deceptively simple babysitter analogy: you tell the sitter “use anything in the kitchen,” but you don’t expect her to mount a cutting board to the wall and teach knife-throwing, or install a $6,000 closet system. The permission technically covers those choices — but that’s clearly not what you meant. That disconnect becomes the doorway into the Major Questions Doctrine, the Court’s newest tool for saying: “If Congress meant to authorize something this big, it would’ve said so clearly.”

From there, they rewind to Brown & Williamson, when the FDA tried to regulate tobacco by treating nicotine like any other drug. The statutory text fit — in some ways perfectly — yet the Court refused to believe Congress hid such massive economic and political authority inside ordinary words. Gwen shows how t ...