Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article suggesting “the tariff case the [Supreme Court] justices agreed to hear” will be “more significant” than any other “legal clashes in the next three-plus years of Donald Trump’s term in office”;
- an article discussing how “[t]he Trump administration must cross a minefield without a misstep in order to uphold its tariffs”;
- a blog post detailing how President Trump’s tariff case presents a critical test of presidential power and how “[t]he stakes in the litigation are enormous”; and
- an article discussing how President Trump’s tariff case “is not only the linchpin of the president’s economic agenda but also the trajectory of executive power . . . and now accelerating expansion.”
Jason Willick authored an article for the Washington Post suggesting “the tariff case the [Supreme Court] justices agreed to hear” will be “more significant” than any other “legal clashes in the next three-plus years of Donald Trump’s term in office.” Willick goes on to say that, “[i]f the president can spontaneously impose tariffs at any level, at any time, to raise hundreds of billions of dollars a year without congressional approval,” a fundamental constraint—Congress’s exclusive power to fund the government—”is not holding.”
Dan McLaughlin wrote an article for the National Review discussing how “[t]he Trump administration must cross a minefield without a misstep in order to uphold its tariffs.” In the article, McLaughlin takes a step back “to assess the strength of the arguments and how they may be received by the Court.”
Erwin Chemerinsky authored a blog post for SCOTUSblog detailing how President Trump’s tariff case presents a critical test of presidential power and how “[t]he stakes in the litigation are enormous.” According to Chemerinsky, “[t]he text of the Constitution itself and its original meaning are clear: Congress has the power with regard to tariffs.”
William A. Galston authored an article for the Brookings Institution discussing how President Trump’s tariff case “is not only the linchpin of the president’s economic agenda but also the trajectory of executive power . . . and now accelerating expansion.” According to Galston, “neither the appeals court’s majority nor the dissenters paid any attention to the argument . . . that ruling against the president’s global tariff regime would be unacceptably disruptive.”
For more information on this case, check out our breaking news post and the relevant case page in V.O.S. Selections, Inc. v. Trump.