Ilya Shapiro

It basically says,

This statute does not authorize these tariffs.

We say nothing about anything else.

Gorsuch was similar about that.

And so Scott Besant, the Treasury Secretary, now that we've been going on for months since the opinion, and it looked like that means that the tariffs were going down, he's been very publicly discussing all of these other alternatives, saying the sky isn't falling.

We can still impose various other tariffs.

So that is probably less of a practical consequence.

But another point that Kavanaugh raises about our trade deals

that are tied to the current level of tariffs, will those now need to be re-examined?

A lot more uncertainty there, I think, than in those individualized tariffs that may remain or may now be put in place by the administration.

That's right, those penguin suits, I don't know if that's where we get our tuxedos, won't have those tariffs on them.

And you know, this might foreshadow more broadly the court's approach to checking the administration when it steals bases in effect.

You have to follow proper procedures, whether that's with respect to dinging Harvard for civil rights violations or birthright citizenship is gonna come down the pike.

And I think what the court's going to do with that is not rule on the underlying constitutional merits, but just say the president can't do it alone.

So I think this ruling, even though it's significant economically and has all this media attention, at the end of the day is a narrow procedural ruling saying you didn't follow the precise steps.

You have all of these statutes that you can use, whether it's to go against Democrats

Canada and Western Europe or China or whatever your goals are specifically, go ahead and use them.

You can't just have a carte blanche delegation, which is, again, why it's surprising that Justice Thomas, I think, would have let the president, any president, not just Trump, have that kind of intense taxation authority.

Yep.

Six years from now, President AOC may really hate this opinion, but we'll all be the better for it.