On November 5, the U.S. Supreme Court will hear oral arguments in Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc., the cases arising from President Donald Trump's unilateral scheme to impose tariffs on much of the world. The two matters have been consolidated by the Supreme Court into one case for purposes of briefing and arguments.
Late last week, the Trump administration submitted its opening brief to the Court in that consolidated case. Among its many dubious claims, the brief features an argument in favor of unchecked executive power that is both egregious on its own terms and egregiously contrary to Supreme Court precedent.
The outcome of the tariffs case will probably turn on the application of an important legal principle known as the "major questions doctrine." That doctrine says that when the executive branch seeks to wield significant regulatory power, it must first point to an unambiguous delegation of such power by Congress to the executive.
