Fox News Desperately Tries to Walk Trump Back From War With Iran
“There is no exception to the major questions doctrine for emergency statutes. Nor does the fact that tariffs implicate foreign affairs render the doctrine inapplicable. The Framers gave ‘Congress alone’ the power to impose tariffs during peacetime,” Roberts wrote. “And the foreign affairs implications of tariffs do not make it any more likely that Congress would relinquish its tariff power through vague language, or without careful limits.
“Accordingly, the President must ‘point to clear congressional authorization’ to justify his extraordinary assertion of that power,” Roberts wrote. “He cannot.”
Roberts was joined by Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Kentanji Brown Jackson, and Amy Coney Barrett. In his concurring opinion, Gorsuch wrote, “Whatever else might be said about Congress’s work in IEEPA, it did not clearly surrender to the President the sweeping tariff power he seeks to wield.”