Above the Law - Thinking Like a Lawyer

Supreme Court Airs Dirty Laundry

8 snips
Feb 25, 2026
Ask episode
AI Snips
Chapters
Transcript
Episode notes
INSIGHT

Supreme Court Rejects Broad IEEPA Tariffs

  • The Supreme Court invalidated the administration's use of IEEPA to impose broad tariffs as beyond the statute's text.
  • The decision was short on the core holding but spawned 170 pages of opinions and barbed concurrences, revealing Court internecine hostility.
INSIGHT

Gorsuch Publicly Rebukes Thomas Over 'Kings' Reasoning

  • Neil Gorsuch's concurrence used sharp rhetorical snipes to call out colleagues and to push back against Clarence Thomas's historical-royal power framing.
  • Gorsuch explicitly chastised Thomas's 'kings' reasoning and highlighted tensions about the major questions doctrine.
INSIGHT

Ruling Pushes Government To Less Durable Tariff Routes

  • The Court's ruling forces the administration to hunt for alternative statutory authorities to reimpose tariffs, some of which carry strict time limits.
  • Counsel warned that invoking different statutes now risks estoppel because the government previously disclaimed those authorities at oral argument.
Get the Snipd Podcast app to discover more snips from this episode
Get the app