Tariff Fight: California vs. Texas
The economics of spite.
Tariffs
A Flawed, but Encouraging Nondelegation Decision
The Supreme Court may have reached the wrong result in FCC v. Consumers Research. But ruling emphasizes there are significant constitutional limits to legislative delegation to the executive.
90 Deals in 90 Days? Trump's Trade War Is Failing on Its Own Terms
The trade deficit is getting bigger, the deals aren't coming, and foreign investment has declined.
My New Just Security Article on the Nondelegation and Major Questions Doctrines
It explains how these much-maligned doctrines can be valuable tools for constraining power grabs by presidents of both parties.
Tariffs Are Keeping Interest Rates High
The Federal Reserve is unwilling to lower interest rates because "there will be some inflation from tariffs coming," Jerome Powell told a Senate committee.
Michael McConnell and Neal Katyal Join Our Tariff Litigation Team
They are prominent legal scholars and Supreme Court litigators from opposite sides of the political spectrum.
Quebec's Dairy Farmers Are Blocking Free Trade in Canada
An outdated supply management system—designed to protect Quebec’s small dairy farms—is undermining Canada's global trade ambitions and hurting its own consumers.
Trump Is Slapping a 50 Percent Tariff on Home Appliances
Refrigerators, freezers, dishwashers, washing machines, and dryers are among the products subject to the president’s 50 percent tariff on imports derived from aluminum and steel.
How Trump's Imposition of Massive Tariffs is Repeating the "Ship Money" Abuses of King Charles I
Like King Charles, he is abusing emergency powers to impose taxes without legislative authorization.
Tariffs on Chinese Goods Drop to 55%, but That's Cold Comfort for Consumers
Triple-digit bilateral tariffs have been brought down to double digits. Negotiations on semiconductors and rare earth elements will continue.
Federal Circuit Grants Government's Motion for Stay Pending Appeal in Our Tariff Case
It's disappointing. But the court will hear the case on the merits on an expedited basis, and we have a strong case.
My New UnPopulist Article on Synergies Between Litigation and Political Action in Resisting Trump
The article describes how the two can be mutually reinforcing, building on lessons from previous episodes in constitutional history.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to John Yoo
Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to Jack Goldsmith
The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.
How Tariffs Are Breaking the Manufacturing Industries Trump Says He Wants To Protect
Most imports to the U.S. are raw materials, intermediate parts, or equipment—the stuff that manufacturing firms need to make things.
This Small Business Is in Limbo As Owner Sues To Stop Trump's Tariffs
Next week could be a pivotal one, as a federal appeals court could decide whether to restore an injunction against Trump's tariffs.
The Legal Battle Over the Motion to Stay the Decision Against Trump's Tariffs
This crucial procedural issue is now before the US Court of Appeals for the Federal Circuit. Its resolution will determine whether the tariffs are immediately suspended, or get to continue so long as the case is stil being litigated.
Why Can't Elon Musk and Donald Trump Both Win?
In a petty, public war of words, Trump threatens to cut off federal support to Musk's companies after the billionaire attacked his deficit-busting budget bill.
Milton Friedman Disproved Trump's Argument for Tariffs Decades Ago
In a 1978 appearance at Utah State University, the Nobel Prize–winning economist provided the perfect retort to those who blindly argue we should "build in America."
No, Trade With China Did Not Kill the U.S. Economy
A new comprehensive review finds the negative effects of trade with China have been significantly exaggerated.
Overruling Trump's Tariffs Should Be an Easy Decision for SCOTUS
Plus: A love letter to the heavy metal band Slayer.
Morning Consult Poll Indicates Judicial Invalidation of Trump's Tariffs is Popular
The poll finds 55% approve and only 30% disapprove of the recent ruling against his IEEPA tariffs.
Michael McConnell on the Tariff Cases and their Significance
A leading conservative legal scholar explains why striking down Trump's IEEPA tariffs is vital to protecting the separation of powers.
The 'Big Beautiful Bill' Will Add $2.4 Trillion to the Deficit
That total will rise to about $3 trillion once the interest costs of more borrowing are included.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
Does the Smoot-Hawley Act Justify the Trump Tariffs? Probably Yes, Says Jed Rubenfeld
Probably yes, says Jed Rubenfeld; no, says Philip Zelikow.
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.
