The Supreme Court’s common sense problem

The Supreme Court increasingly uses 'common sense' reasoning in legal decisions, as seen in cases like Learning Resources v. Trump (tariffs), Diamond Alternative Energy v. EPA (standing), and United States v. Rahimi (Second Amendment). Justices, including Neil Gorsuch and Ketanji Brown Jackson, have expressed skepticism about this approach, highlighting its subjective nature and potential to reflect controversial intuitions about governance.