In November the Supreme Court will hear oral arguments in the challenge to President Trump's tariffs. Paul Stephan explores how the major questions doctrine limits the judiciary's ability to allow the president to implement tariffs without clear congressional buy-in.
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IEEPA Authorizes Asset Freezing, Not Seizing
Treating a tax or tariff as different from a confiscation is an interpretive issue that should be decided by Congress, not the judiciary.
