Prospective Legal Challenges to Trump's Section 338 Tariffs Against Canada
A guest post by Georgetown legal scholars Peter E. Harrell and Jennifer Hillman.
Tariffs
Trump Said Tariffs on Aluminum Would Boost Domestic Production. The White House Now Admits That Didn't Happen.
It's been more than eight years since Trump's first aluminum tariffs were imposed. How long do we have to wait before calling this a failure?
Meet The Spice Entrepreneur Challenging Trump's Newest Tariffs
"There is no domestic alternative" for peppercorns grown in Zanzibar or herbs from the south of France, says Ori Zohar, the former Shark Tank contestant taking the administration to court.
Trump's Tariffs Will Cost Each American Household $900 in 2026
The president’s protectionism has constituted the largest tax increase since 1993.
Trump Keeps Pushing Legally Dubious Tariffs
The president's latest round of broad import taxes, like the previous two, treats his statutory authority as an afterthought.
How Trump's Tariffs Undermine US Trustworthiness and Credibility—and What Can Be Done to Stop it
Economist David Hebert highlights an underappreciated danger of Trump's tariff mania. It's a serious problem, but one that can at least be mitigated.
Bureaucracy, Labor, & Tariffs: How Government Is Making BLTs More Expensive
The BLT—a delicious celebration of the power of markets—exemplifies political attacks on the free movement of goods and people.
Second Lawsuit Challenging Trump's New Section 301 Tariffs Filed
It was filed by several businesses, including Learning Resources, Inc., which was also involved in the IEEPA tariff litigation.
Liberty Justice Center Files First Lawsuit Challenging Trump's Massive New Section 301 Tariffs
The complaint explains why the tariffs violate the requirements of Section 301, and also run afoul of the major questions and nondelegation doctrines.
Trump's Newest Tariffs Are Likely Illegal Too
The Section 301 tariffs announced on Thursday overstep the powers granted by Congress and likely run afoul of the major questions doctrine.
Tariff Man
Plus: House votes on war powers as Trump enters Iran war "revenge mode," Ted Cruz worries about AI, Marvel movies are planned through 2042, and more...
Trump Imposes Massively Harmful and Illegal Section 301 Tariffs
The new policy is based on sham investigations, and runs afoul of the major questions and nondelegation doctrine.
Lots of Trump's Tariffs Expire on Friday. It's Thursday Afternoon, and No One Knows What Will Replace Them.
The U.S. economy is not a reality show. The Trump administration should stop acting like it is.
The DSA, MAGA, and the New Policy Nihilism
From rent control and Medicare for All to tariffs, politicians left and right are embracing policy ideas that have been repeatedly shown to not work.
Trump's New 50% Tariff on Canadian Goods Is Actually an Admission That Trade Wars Don't Work
The trade war caused exports to Canada to fall. Now, Trump is pointing to that fact to justify more tariffs.
Trump Plans to Impose New Illegal Tariffs on Canada
The 50% tariffs on many Canadian imports are based on the long-defunct Section 338 of the notorious Smoot-Hawley tariff act.
Is the War in Iran Spiraling Out of Control?
Plus: new tariffs on Brazil, Trump's primetime address on election security, and the growing popularity of democratic socialism.
Trump's Pernicious Threat to Impose Tariffs on Canada in Response to Wildfires
The idea is simultaneously harmful and illegal.
America Has a Huge Trade Surplus With Brazil. Trump Just Put 25% Tariffs on Brazilian Goods Anyway.
It's almost like there is no real underlying principle guiding the Trump administration's tariff policies.
4 Takeaways From the Supreme Court's 2025–2026 Term
From executive power to civil liberties, what to make of a momentous year at SCOTUS?
Tariff Refund Update [Updated]
Important progress has been made on repaying illegally collected tariffs. But serious problems remain, including some caused by the Trump Administration's efforts to keep some of the illegally collected loot.
Trump's Tariffs Have Been Particularly Costly for Small Businesses
The Federal Reserve reports that small businesses were less likely to be able to avoid tariff costs during 2025 and are more pessimistic about employment and revenue in 2026.
Clarence Thomas Doubled Down on Presidential Power
The conservative justice pushed for greater executive authority even in cases in which Trump won.
Video of National Constitution Center Conference on "2026 Supreme Court Review: Key Decisions, Executive Power, Civil Discourse"
Three different VC bloggers were among the speakers: Jonathan Adler, Keith Whittington, and myself.
The Roberts Court vs. the Trump Court
Why Trump lost big in the Supreme Court cases he cared the most about
America Was Not Founded by 'Tariff Men,' Contrary to This Painting in Trump's White House
Free trade is "a direct affront to our Founding Fathers," President Donald Trump said during his first presidential campaign.
Trump Called the USMCA His 'Best Deal.' Now, He Wants Out of It.
The decision not to renew the USMCA is less dramatic than it might appear. Even so, Trump is exchanging stability for more uncertainty.
Trump's Fertilizer Tariff Retreat Is Another Admission That Tariffs Raise Prices
The White House quietly repealed tariffs on Moroccan fertilizer this week.
The Right Way To Fight a Trade War
Economist Soumaya Keynes discusses Trump’s tariff policies, how China changed the global economy, and why trade wars require restraint.
The Trump Administration Wants More Tariffs To Combat 'Structural Excess Capacity.' Here's What That Means.
When businesses in other countries produce more goods than their domestic markets can use, is that a conspiracy against America? Of course not.
The Courts Should Rein in Trump's Proposed Section 301 Tariffs as Well
A guest post by Georgetown legal scholar Peter E. Harrell.
Federal Circuit Stays Enforcement of Ruling Against Trump's Section 122 Tariffs
The ruling is flawed on both substantive and procedural grounds.
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Federal Court Invalidates Trump's $100,000 H-1B Visa Fee as Illegal Usurpation of Congress' Power to Tax
The ruling relies in part on the Supreme Court's decision in the tariff case.
The Trump Administration Is Still Fighting To Keep Billions in Illegal Tariff Revenue
The administration has paid $20 billion in refunds. Now, it is asking a federal appeals court to limit which businesses will get the rest.
Trump's Dubious New Section 301 Tariffs
They appear to be yet another illegal power grab, one that should be challenged in court.
Cutting Tariffs on Farm Equipment Is Another Admission That Trump's Trade Policies Are Increasing Prices
Even as the White House backs away from its foolish tariff plans, the Trump administration keeps revealing why it should never have had these powers in the first place.
Trump's Cotton Bailout Is Another Sign His Tariffs Aren't Working
The Great American Cotton Plan will shell out millions in taxpayer funds, continuing the Trump administration’s pattern of paying off industries harmed by the president’s economic policies.
How To Win a Trade War? Lose Less Than Your Opponents.
The only winning move is not to play. But if you must, a new book offers some suggestions.
Trump Administration Will Appeal Ruling Requiring Tariff Refunds
They claim the injunction requiring refunds cannot be universal, and can only apply to those businesses who filed lawsuits seeking recovery.
Iran Is Turning America's Sanctions Playbook Against It
The U.S. Treasury is trying to fight the kind of trade embargo that it usually imposes on other countries.
Trump's Trade War Caused a $15 Billion Decline in U.S. Farm Sales to China
Though some of their products may have been redirected elsewhere, American farmers are likely eating most of the losses.
250 Years Later, Benjamin Franklin's Warning Is Still Relevant
He famously said the Founders had created "a republic, if you can keep it." How have we kept it? And can we continue?
Video of my Bruno Leoni Institute (Milan) Talk on the Supreme Court Tariff Decision and its Implications
I gave the talk earlier this week.
Trump's Approval Rating Is Cratering. Tariffs Are a Big Reason Why.
They cost each American household roughly $1,000 in 2025, with more coming in 2026.
US Court of International Trade Refuses to Stay Injunction Against Trump's Section 122 Tariffs
The decision means the injunction blocking collection of the tariffs will not be blocked while litigation continues.
Why Populism Leads to Decline
Johan Norberg discusses what makes societies prosperous, why protectionism and nostalgia keep returning, and how populism feeds cultural decline.
