Other flaws abound. For one, even if you somehow accept Thomas’s argument, Trump’s IEEPA tariffs should still meet the threshold he describes. Surely the president’s ambitious plan to collect trillions of dollars in tariffs, which are paid by American businesses and individuals, counts as an infringement on the private right to “property”? Not so fast, […]
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Justice Clarence Thomas went even further to make the baffling and novel argument that Congress could not delegate “core legislative power, which is the power to make substantive rules setting the conditions for deprivations of life, liberty, or property” to the executive branch, but could freely delegate the “power to impose duties on imports” and […]
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