From Prof. Jack Goldsmith (Harvard) on the Tariff Decision

Summary

In this episode, Professor Jack Goldsmith discusses the Supreme Court's recent tariff decision, focusing on how the justices applied the Major Questions Doctrine (MQD) to limit presidential authority over broad statutory delegations. He highlights the significance of three conservative justices using MQD against President Trump's trade policy, linking it to the Court's growing emphasis on a unitary executive and its willingness to curb congressional over‑delegation. Goldsmith also analyzes the political dynamics of the ruling, noting President Trump's contradictory reaction—publicly decrying the decision while acknowledging the Court's power. The conversation underscores the broader judicial trend toward scrutinizing expansive executive powers in national security and foreign affairs contexts.