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Why Trump’s Section 122 Tariffs Are Illegal

35 190
21.02.2026

President Trump’s attacks on the Supreme Court are an unmitigated disgrace. The Court tried in good faith—and, for what it’s worth, successfully in my view—to uphold the law. By now, the president has to know that the fallout of his ravings will be harassment of the justices by elements of his base that are as deranged as he is. Is the plan to ignite a riot on the Supreme Court steps this time, while he can still pardon the rabble-rousers as he did the Capitol rioters?

Moreover, what value is there in an oath to execute the laws faithfully from a man who either has no regard for the law or delusionally sees the law as what he personally wants—with what he doesn’t want seen not merely as illegal but treasonous?

Those are first-order challenges. Because congressional Republicans are derelict—because they’ve demonstrated that they care about the rule of law only when Democrats are in the White House—there is no point right now in dwelling on questions about fitness for office. Tapping Congress’s robust arsenal for dealing with executive abuses of power requires bipartisan consensus as well as courage, and both are in short supply.

Let’s move, then, to something more mundane but nonetheless important. In his pique after the Court’s correct and easily foreseeable 6-3 decision in Learning Resources v. Trump, invalidating the tariffs he unilaterally, haphazardly........

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