The Court Must Decide If the Constitution Means What It Says

https://www.theatlantic.com/ideas/2025/11/supreme-court-tariffs-legal-trump/684818/
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The Court Must Decide If the Constitution Means What It Says

Today, the Supreme Court is hearing oral arguments in one of those rare cases that could reshape all three branches of government. The justices deciding Learning Resources, Inc. v. Trump, a challenge to the current tariff regime, could determine whether the imperial presidency is entrenched or arrested. They could either cajole Congress out of its dormancy or render it even more inert. And they could buttress the legitimacy of the Court’s conservative majority—which in the past decade has aggressively intervened to limit the administrative state’s domestic operations—or undermine it by applying different standards to presidents of different parties.

Note

an older opinion that mostly predicted the SCOTUS decision.

and predictably and despite the decision, a 15% 150 day tariffs were unilaterally applied and a war was started.

checks and balances don't work if one branch acedes to the other. it's amazing how much of our law is codified and yet how much of our democracy relies on good (and reasonable) behavior.

Published

2025

Summary

Today, the Supreme Court is hearing oral arguments in one of those rare cases that could reshape all three branches of government. The justices deciding Learning Resources, Inc. v. Trump, a challenge to the current tariff regime, could determine whether the imperial presidency is entrenched or arrested. They could either cajole Congress out of its dormancy or render it even more inert. And they could buttress the legitimacy of the Court’s conservative majority—which in the past decade has aggressively intervened to limit the administrative state’s domestic operations—or undermine it by applying different standards to presidents of different parties.

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