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Donald Trump

Our New Amicus Brief in the Section 301 Tariff Case

The Cato Institute, Michael McConnell, and I filed an amicus brief in litigation challenging Trump's massive Section 301 tariffs, which use "forced labor" as a pretext for sweeping protectionism.

Ilya Somin | 9.14.2026 3:56 PM

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The Cato Institute, Stanford law Prof. Michael McConnell and I recently filed an amicus brief before the US Court of International Trade, in litigation challenging Donald Trump's massive Section 301 tariffs. Michael McConnell is one of the nation's leading experts on executive power, a prominent conservative originalist constitutional law scholar, and was our lead counsel in the Supreme Court phase of the case that led to the invalidation of Trump's IEEPA tariffs. It is an honor to work with him again.

Here's a summary of our brief, which I prepared for the Cato website (which will also post the brief soon):

In February 2026, the Supreme Court invalidated the massive tariffs that President Trump attempted to impose under the International Emergency........

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