Beyond tariffs: The Supreme Court’s major questions divide
Beyond tariffs: The Supreme Court’s major questions divide
Learning Resources, Inc. v. Trump is, on its face, a statutory interpretation case about whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose tariffs. But the opinion also became an unusually clear snapshot of the Supreme Court’s internal disagreement over the major questions doctrine (MQD): what it is, when it applies, and whether it is truly distinct from ordinary statutory interpretation.... By: Freeman Mathis & Gary