The article argues the Supreme Court should apply the 'major questions' doctrine to Trump’s IEEPA tariffs, rejecting a quiet transfer of tariff‑setting from Congress to the presidency under emergency declarations. It frames the case as a test of whether the Roberts Court’s skepticism of executive power extends into foreign‑affairs emergencies.
— Extending major‑questions limits to emergency trade actions would reset executive authority in economic policy and reaffirm congressional control over tariffs.
Brent Skorup
2025.10.06
100% relevant
Trump’s executive‑order tariffs and the Federal Circuit’s 7–4 decision against them, now under Supreme Court review.
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