Nondelegation
My New Atlantic Article on the Tariff Case and its Significance
The Atlantic has just published my new article about our win in the tariff case before the US Court of International Trade. It is entitled "A Victory for the Separation of Powers." Here is an excerpt:…
Federal District Court Issues Another Ruling Against Trump’s IEEPA Tariffs
(NA) Yesterday, the US Court of International Trade (CIT) issued a unanimous ruling in the case against Trump's "Liberation Day" tariffs filed by Liberty Justice Center and myself on behalf of five small…
We Won Our Tariff Case!
The US Court of International Trade just issued a unanimous ruling in the case against Trump's "liberation day" tariffs filed by Liberty Justice Center and myself on behalf of five US businesses harmed by the…
Video of Cato Institute Virtual Event on “Tariffs, Emergencies, and Presidential Power”
Today the Cato Institute held a virtual event on "Tariffs, Emergencies, and Presidential Power." Cato Institute Senior Fellow Walter Olson and I discussed Trump's "Liberation Day" tariffs attempting…
Thoughts on the Oral Argument in the Oregon Case Against Trump’s IEEPA Tariffs
(NA) On May 21, The US Court of International Trade (CIT) held oral arguments in Oregon v. Trump, a case challenging Trump's massive IEEPA tariffs filed by twelve states led by the state of Oregon. The Oregon case is…
Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies
(NA) The Supreme Court's "major questions" doctrine (MQD) requires Congress to "speak clearly" when authorizing the executive to make "decisions of vast economic and political…
Washington Outsider Report Podcast Interview on the Trump Tariff Litigation
(NA) Lawyer/podcaster Irina Tsukerman interviewed about the Trump tariff litigation forher Washington Outsider report podcast. The interview was conducted before the recent filing of new cases challenging Trump's IEEPA…
Trump’s tariffs usurp the legislature’s tax power
Watching the stock market fluctuate wildly in response to President Donald Trump's constantly changing tariff plans, you might wonder why the Framers would have given a single man so much authority over the U.S. economy.…
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