Back to Loper Bright. Both Justices Thomas and Gorsuch wrote concurrences. Justice Thomas explained why Chevron violated the separation of powers. Justice Gorsuch argued that stare decisis, as he conceives it, demands that Chevron must be overruled. Both of these concurrences were solo. Why did Thomas not join Gorsuch? Why did Gorsuch not join Thomas?
Justice Thomas include this somewhat cryptic star footnote:
*There is much to be commended in JUSTICE GORSUCH's careful consideration from first principles of the weight we should afford to our precedent. I agree with the lion's share of his concurrence. See generally Gamble v. United States, 587 U. S. 678, 710 (2019) (THOMAS, J., concurring).
