The Ben Shapiro Show Ep. 2372 - LIVE: Supreme Court WRECKS Trump's Tariffs
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Feb 20, 2026 A live breakdown of the Supreme Court striking down broad presidential tariffs. Discussion of constitutional tariff power, the IEEPA text, and the major questions doctrine. Debate over delegation limits, wartime authority, and rival dissenting legal views. Analysis of alternative statutory routes for targeted tariffs and the ruling’s economic and market implications.
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Major Questions Doctrine Applied
- The major-questions doctrine prevents Congress from covertly delegating huge policy choices to the executive without clear text.
- Roberts emphasized Congress would explicitly delegate tariff authority if it intended to do so.
Tariffs Framed As Taxing Power
- The Court treated tariffs as a form of taxation tied to Article I's taxing power, not merely import regulation.
- Roberts argued 'regulate importation' ordinarily does not include the power to tax or levy duties.
Unusual Coalition And Strong Dissents
- The Court's vote split produced unusual alliances: conservatives and liberals joined Roberts to limit executive emergency power.
- Dissents by Kavanaugh and Thomas argued broader delegations or foreign-affairs exceptions would allow the tariffs.