Bloomberg Law Tariffs Struck Down, Erasing History & Climate Rule Revoked
11 snips
Feb 20, 2026 Dave Townsend, international trade lawyer, explains the Supreme Court ruling that curtailed presidential tariff power. Alan Spears, cultural resources director, describes efforts to stop removal of slavery, Native, LGBTQ and climate history from parks. Pat Parenteau, environmental law professor, outlines lawsuits challenging the EPA’s repeal of the endangerment finding.
AI Snips
Chapters
Transcript
Episode notes
Major Questions Doctrine Rechecked
- The major questions doctrine played a central role and was debated across multiple opinions about when courts should require clear congressional authorization.
- Justice Gorsuch wrote a lengthy concurrence expanding the doctrine while other justices differed on its application.
Prepare For Tariff Workarounds
- Expect the administration to use alternative statutes like Section 122 to impose tariffs despite the ruling.
- Trade lawyers should monitor administrative workarounds and advise importers about automated customs tracking for potential refunds.
Refunds Left To Lower Courts
- The Supreme Court left refund remedy questions unresolved, sending those issues back to the Court of International Trade.
- Whether importers get refunds will be litigated and depends on how lower courts and the administration proceed.