Does the Smoot-Hawley Act Justify the Trump Tariffs? Probably Yes, Says Jed Rubenfeld
Probably yes, says Jed Rubenfeld; no, says Philip Zelikow.
Tariffs
Compendium of Writings About the Trump Tariff Case [Updated]
Links to my writings about our case against Trump's "Liberation Day" Tariffs and related issues.
The Tariff Downturn
Plus: Drilling in the Alaskan wilderness, Harvard tries "wastefulness" argument, Stephen Miller tells on himself, and more...
These 4 Industries Successfully Lobbied Trump for Tariff Exemptions
Trump's trade war has created a carve-out bonanza for industries with political connections and big lobbying budgets.
Trump's Attack on the Federalist Society Is a Bad Omen for Originalism
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Welcoming Anti-Trump Liberals to the Free Trade Club
The real case for free trade is not "my enemies hate it" or "it's cheaper for me, personally" but "it makes the world richer, freer, and more peaceful."
How Trump's Tariffs and Immigration Policies Could Make Housing Even More Expensive
Out-of-control housing costs helped Trump win the 2024 election. Is he about to make the problem worse?
Hub and UnPopulist Podcasts About the Tariff Case
The podcasts cover the case and its relationship to the more general problem of abuse of emergency powers.
Two Courts Have Ruled Against Trump's Tariffs—but Not for the Same Reasons
Both are wins for free trade, but only one vindicates the separation of powers.
Congress Must Vote on Tariffs
For both practical and constitutional reasons, this is the obvious way out of the chaos Trump's tariffs have created.
My New Atlantic Article on the Tariff Case and its Significance
It explains how the ruling is a win for separation of powers and the rule of law.
How Our Tariff Case Came About
The Wall Street Journal, CBC, and Time published good articles on the story behind the case filed by the Liberty Justice Center and myself.
Tariff Legal Battle Plays Out
Plus: Javier Milei puts state-run TV to good use, Texas' THC antagonism, rent control lunacy, and more...
Some Interviews About Our Tariff Case
Some of the more informative interviews I have done about our win in the case against Trump's tariffs, in lawsuit filed by the Liberty Justice Center and myself.
Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs
The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.
Federal Circuit Issues Brief Administrative Stay in Our Tariff Case
This is a standard order imposing a brief stay of the trial court ruling, while the parties litigate the issue of whether a longer stay should be imposed.
Did 'Activist Judges' Derail Trump's Tariffs?
No. One of the judges in Wednesday's unanimous ruling was a Trump appointee, and the ruling rested on important legal and constitutional principles.
We Won Our Tariff Case!
The Court of International Trade just issued a decision striking down Trump's "Liberation Day" tariffs and other IEEPA tariffs.
A Federal Court Just Blocked Trump's Tariffs
The Court of International Trade ruled that Trump's emergency economic powers do not include the authority to impose tariffs on nearly all imports.
Video of Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I spoke along with my Cato colleague Walter Olson.
The Trade War Is Eroding America's Soft Power
The debate over free trade should include more than the costs of Trump's tariffs versus the value of cheaper stuff.
Mitchell Berman on Conditional Federal Grants and the Constitution
While there is no constitutional right to receive grants, the Constitution does bar grant conditions that undermine constitutional rights.
Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tariffs.
Trump Declares That iPhones Should Be More Expensive
Whether due to tariffs or because they are made in America, the result would be much higher prices.
Farmers Need Free Markets, Not Tariffs and Welfare
The more important the product—and food certainly ranks high on any list—the better it is to allow markets to work.
Forbes Interview on Developments in Our Case and Other Litigation Against Trump's "Liberation Day" Tariffs
I was interviewed by Brittany Lewis of Forbes.
Upcoming Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I will be speaking, along with Cato Institute scholar Walter Olson.
Subaru Is the Latest Carmaker To Hike Prices in Response to Tariffs
Subaru says it has "adjusted its pricing in response to current market conditions," but we all know what that means.
Berating the Businesses
Plus: Tim Dillon takes on the establishment, Chicago's racist hiring strategies, train fetishes, and more...
Trump Threatens Walmart Not To React to His Tariffs
On the bright side, at least Trump finally admitted his tariffs are, indeed, paid by Americans.
Trump's Tariffs Are Sapping Small Business Optimism
Seasonally adjusted job openings and capital outlay spending are declining to levels not seen since the height of the COVID-19 pandemic.
Trade War Means Higher Prices, Fewer Customers for This Vermont Distillery: 'It's Just Chaos'
Scenes from a trade war.
New Republic Podcast Interview on Our Case Against Trump's "Liberation Day" Tariffs [Updated With Embedded Audio]
Greg Sargent of the New Republic interviewed me.
Trump's 'Deal' With China Leaves American Consumers and Exporters Facing Higher Tariffs Than Before
The White House calls it "the art of the deal," but a 30 percent tariff on imports from China is economically damaging and constitutionally dubious.
3 Myths About Tariffs
"If this is the end of my American dream," says one small business owner, "I'm going to go down swinging."
Thoughts on Today's Oral Argument in Our Case Against Trump's IEEPA Tariffs
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
No Divorce From China
Plus: Homeless encampments in California, taxing university endowments, and more...
Trump's Tariffs and Immigration Policies Destroy Thousands of Acres of Tomato Crops in Florida
“Between the cost of labor and the inputs that goes in, it’s more cost-effective for farmers” to plow over ripe tomatoes, said one expert.
The U.K. Trade Deal Screws American Consumers
Residents of the United Kingdom will get lower tariffs, while Americans are stuck paying higher ones.
Trump Is Wrong. Cheap Goods Are Awesome.
The right number of dolls? As many as your kid wants.
Trump's Tariffs Are Already Raising Car Prices and Hurting Automakers
The results were completely foreseeable, after the president imposed 25 percent tariffs on all imported automobiles and parts.
The Trouble With Donald Trump's 'Department Store' Analogy
America is not a department store. And no successful department store would be following Trump's antitrade strategy.
Trump's 'They Can Have 5' Moment is an Attack on Capitalism
Trump’s tariffs aren’t just bad economics—they’re a rejection of abundance, prosperity, and capitalism itself.
Trump's Foreign Film Tariffs Could Stick Us With Nothing but Disney Movies
Tariffs on creative media are barriers not just to goods, but also to ideas.
