Is This the Most Important Supreme Court Case of the Century?
Is This the Most Important Supreme Court Case of the Century?
The Supreme Court may have just helped save the Republic.
On Friday, a 6-3 majority struck down President Trump’s use of the International Emergency Economic Powers Act to implement sweeping global tariffs, including tariffs against Mexico, Canada and China.
Justices John Roberts, Elena Kagan, Sonia Sotomayor, Ketanji Brown Jackson, Amy Coney Barrett and Neil Gorsuch voted together — though for different reasons — to block one of the central elements of Trump’s foreign and economic policy. As Roberts explained in his opinion, in terms of sheer economic impact the case dwarfed many of the most contentious cases of the last several terms, including, for example, Biden v. Nebraska, the case blocking President Joe Biden’s student loan debt forgiveness program.
In fact, it may prove to be the most important Supreme Court decision this century. And if you think I’m being hyperbolic, let me explain.
First, the court blocked a monumental presidential power grab — one so big and so bold that it threatened the foundation of our constitutional system.
The chief justice’s opinion hinged on a legal principle called the “major questions doctrine” — the same doctrine that was used repeatedly to block the Biden administration’s regulations and orders.
As Justice Gorsuch explained in his concurring opinion, the doctrine means, “When executive branch officials claim Congress has granted them an extraordinary power, they must identify clear statutory authority for it.”
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David French is an Opinion columnist, writing about law, culture, religion and armed conflict. He is a veteran of Operation Iraqi Freedom and a former constitutional litigator. His most recent book is “Divided We Fall: America’s Secession Threat and How to Restore Our Nation.” You can follow him on Threads (@davidfrenchjag).
