The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
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.
A new Morning Consult poll indicates that the recent Court of International Trade decision striking down Donald Trump's "Liberation Day" and other IEEPA tariffs in a case brought by the Liberty Justice Center and myself, enjoys broad public support. According to the poll, 55% approve of the ruling, while only 30% disapprove.
Large majorities of both Democrats and independents support the CIT decision, while Republicans are almost equally divided. This result is consistent with other survey data showing that the tariffs themselves are highly unpopular.
The People are with us! Yay!
The popularity of the CIT decision says little about its correctness. I've long been skeptical of "popular constitutionalism" and have written extensively about the dangers of political ignorance. I advocate many unpopular views, and am not one to argue that vox populi is vox dei. Far from it!
Obviously, I believe the CIT decision was right, and appellate courts should affirm it. But it isn't right merely because most of the public agrees with it.
Still, popularity can be helpful. At the margin, wavering judges may be more willing to strike down a major presidential policy initiative if they think doing so will be popular, and their ruling will enjoy strong political support. And if, as many fear, the Trump Administration is considering systematically defying court orders (as it has already to an extent done in some immigration cases), it will be less likely to do so in the case of popular rulings, and less likely to get away with it if they try.
