The McCarthy Report Episode 331: The Tariff Decision
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Feb 24, 2026 Andy McCarthy, veteran prosecutor and law professor, breaks down the Supreme Court's tariff ruling with crisp legal perspective. He walks through the justices' split, debates over the major-questions doctrine, textualism versus structural interpretation, and the practical fallout for refunds, injunctions, and future presidential tariff moves.
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Andy Watched The U.S. Olympic Hockey Win Live
- Andy McCarthy watched the U.S. men's hockey gold at 7 a.m. in Chicago and followed every angle of the winning goal.
- He compared the 2026 victory to 1980, noting kill rates on power plays and Jack Hughes' pivotal role.
Major Questions Revolve Around Tax Versus Regulate
- The Supreme Court's tariff ruling turned on distinctions between taxing and regulating, not partisan lines.
- Chief Justice Roberts tried to synthesize Gorsuch's separation-of-powers framing with Barrett's textualist/contextual approach to reach a majority.
Gorsuch Anchors Major Questions In Separation Of Powers
- Gorsuch roots the major-questions doctrine in constitutional separation-of-powers rather than a free-floating canon.
- He demands clarity when delegating core Article I powers like taxation to the executive, not just vague statutory language.
