Trump’s Lawyers Admit Tariffs’ Illegality, Opening Door to Billions in Refunds
The Trump administration has requested the Supreme Court to rule on the legality of his tariff policies, despite rulings against them from two lower federal courts. The petition itself presents factual claims that, if taken seriously, would likely lead the Court to strike down the tariffs under the “major questions doctrine.” However, the Court’s Republican justices have seemingly used this doctrine inconsistently, applying it against Democratic President Biden while potentially seeking a way to exempt Trump. This doctrine has no legal basis and appears to be a tool used selectively to invalidate policies, potentially offering an exception for foreign policy decisions.
John Q. Hosedrinker