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Reason
Reason
Politics
Ilya Somin

Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision

President Donald Trump and tariffs
Eddie Marshall | Midjourney

How significant is the Supreme Court's decision striking down Trump's massive IEEPA tariffs in Learning Resources v. Trump? Only time will truly tell. It's often hard to fully appreciate the importance (or lack thereof) of a decision until we have some historical perspective on it, and see how it impacts future cases. But there is good reason to believe it will have at least some substantial impact, perhaps in multiple ways.

Certainly, a good many prominent observers seem to think so. Conservative New York Times columnist David French (who is also a well-known lawyer and legal commentator) wrote that the ruling "may prove to be the most important Supreme Court decision this century" and that "it may have saved the republic." Harvard law Prof. Jack Goldsmith - a former high-ranking Bush Administration official and leading expert on executive power and foreign affairs issues - describes it as "a massive defeat for the president" and a "blockbuster on many levels." After initially downplaying its significance, my co-blogger Josh Blackman now says the decision is "the Worst Judicial Defeat in Presidential History." He adds that "I think we are already seeing that Trump's efforts to use alternative statutory authorities will not work."

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