Source: Gideon’s Substack
by Noah Millman
“I was quite heartened by the Supreme Court’s rejection of President Trump’s asserted authority to unilaterally impose and remove tariffs at will simply because he has declared an emergency, a determination that, the administration asserted, was not subject to review by the courts, and that could only be overturned by a supermajority in Congress. The power to levy tariffs is explicitly given to the legislative branch under the Constitution, and the plain meaning of the International Emergency Economic Powers Act under the authority of which Trump was claiming to operate did not obviously authorize such an extraordinary degree of delegated authority. Whether or not one chooses to embrace the major questions doctrine, and in what form if so, I agree with Chief Justice John Roberts that what the administration asked for is ultimately incompatible with small-r republican government.” (02/23/26)
https://gideons.substack.com/p/the-supreme-courts-holding-action