Adam Liptak

speaker
322 appearances 4 recordings 1 series first heard Nov 2025 last heard 30 Apr

Adam Liptak’s voice in public audio — every appearance, attributed to the second.

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recordings per month · last 12 months
2 · Apr OctJan 26AprJulnow

Recordings per month over the last 12 months — 4 in all, peaking in Apr 2026 with 2.

Appearances

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It's really a different conception of the separation of powers, right?
The conservatives led by the Chief Justice, who thought Congress did not authorize these tariffs, think Congress has the leading role in this area.
Congress has the power to tax.
And if Congress is going to tell the president he can do something, it has to say so clearly, not by inference, but in plain language.
The other three conservatives in dissent were much more willing to...
infer from the structure of the Constitution and from the duties of the president to believe that the president has power in this area, even if this statute maybe is not as clear as it might be.
And I think there's a passage in Justice Neil Gorsuch's concurring opinion that kind of crystallizes and explains the nature of the dispute.
He says, yes, it can be tempting to bypass Congress when some pressing problem arises.
But the deliberative nature of the legislative process was the whole point of its design.
Through that process, the nation can tap the combined wisdom of the people's elected representatives, not just that of one faction or man.
Now, obviously, he's not mentioning President Trump, but the music of that really nice prose does hint at someone who is using tariffs impulsively.
Right.
There's a value to deliberation.
There's a value to consensus.
There's a value to buy-in.
And there's a value to letting people know what the rules are rather than governing by impulse and whim.
So the tariffs that were imposed under this 1977 law are gone.
That's not every tariff President Trump has imposed.
It's tariffs that he justified by trying to address the drug trade and tariffs he tried to impose to address trade deficits, but tariffs under other laws remain in place.
So this is not a complete answer.
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