Today, I took part in a National Constitution Center podcast on the Supreme Court’s recent tariff decision. The other participants were Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC). In addition to considering the big-picture implications of the tariff ruling, we also discussed all seven of the majority, concurring, and dissenting opinions! The audio and a more detailed description of the podcast are available here. The same link also contains links to various articles and court decisions relevant to our discussion. I repost it here:
- Learning Resources, Inc. v. Trump (2026)
- “Supreme Court strikes down tariffs,” SCOTUSblog (2/20/2026)
- Ilya Somin, “How the Supreme Court Spared America,” The Atlantic (2/21/2026)
- Ilya Somin, “The Supreme Court Spurns a Presidential Power Grab,” The Dispatch (2/23/2026)
- Ilya Somin, “Trump’s new tariffs are another dangerous presidential power grab,” Boston Globe (2/24/2026)
- Ilya Somin, “Not Everything Is an Emergency,” The Dispatch (1/31/2025)
- “Are Trump’s Tariffs Lawful?,” We the People (11/06/2025)
- Biden v. Nebraska (2023)
- Whitman v. American Trucking Associations, Inc. (2001)
- Dames & Moore v. Regan (1981)
- Youngstown Sheet & Tube Co. v. Sawyer (1953)
- United States v. Yoshida International, Inc. (CCPA, 1975)
- United States v. Curtiss-Wright Export Corp. (1936)
- Schechter Poultry Corp. v. United States (1935)
I have also written several articles and blog posts about these issues, in recent days:
“How the Supreme Court Spared America,” The Atlantic, Feb. 21, 2026 (non-paywalled link here).
“The Supreme Court Spurns a Presidential Power Grab,” The Dispatch, Feb. 23. 2026 (non-paywalled link here).
“Trump’s New Tariffs are Another Dangerous Presidential Power Grab,” Boston Globe, Feb. 24, 2026 (non-paywalled link here).
“Thoughts on the Potential Broader Significance of the Supreme Court’s Tariff Decision,” Feb. 25, 2026.
For a complete compendium of links to all my writings about the tariff litigation, see here.
