In a previous post, I responded to Prof. Jack Goldsmith's critique of the recent US Court of International Trade decision striking down Donald Trump's massive "Liberation Day" tariffs in a case brought by the Liberty Justice Center and myself. In this one, I respond to a critique by UC Berkelely law Prof. John Yoo. Like Goldsmith's arguments, Yoo's fall short—and for some of the same reasons.
Like Goldsmith, Yoo doesn't actually conclude that the CIT got the result wrong, but instead has various reservations about its reasoning. Indeed, he seems to agree that the court reached the right result, merely disagreeing with the way it got there.
