When the U.S. Supreme Court heard oral arguments in Learning Resources v. Trump, Justice Neil Gorsuch highlighted a particularly troubling aspect of President Donald Trump's case for unilateral tariff-making power. Under the administration's legal theory, Gorsuch asked Solicitor General John Sauer, "what would prohibit Congress from just abdicating all responsibility to regulate foreign commerce, for that matter, declare war, to the president?"
Thankfully, Trump lost. But one of the three justices who supported Trump in dissent declared himself perfectly content with the dangerous idea that Congress could entirely surrender constitutionally granted powers to the president.
