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Learning Resources Tariff Case: the Kavanaugh Dissent

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21.02.2026

This is the fifth installment of my series on today's big tariff decision -- see here, here, here, and here for the first four.

The main dissent in Learning Resources was written by Justice Brett Kavanaugh, joined by Justices Clarence Thomas and Samuel Alito. Kavanaugh dissenting did not surprise me greatly; at the argument, while he didn't give away where he was headed, he seemed the justice most sympathetic to the government's argument for broadly deferring to presidential powers to negotiate with foreign countries.

Kavanaugh makes some reasonable-enough points about the long history of congressional delegations of tariff authority to presidents. There are ...


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