Tariffs Are A Major Question - Special Guest Vikram Amar

The Court has ruled Trump’s so-called reciprocal tariffs unconstitutional.  Vik Amar, who offered important theories that appeared prominently in the opinion, joins us to explain the Major Questions Doctrine, why it applies to this case, and even more importantly, why it attempts to support significant structural features of the Constitution.  We pay particular attention to the concurring opinion by Justice Gorsuch, which offers the most in-depth theoretical explanation for this Doctrine and attempts to lay a foundation for its future use.  Meanwhile, the significance of the opinion as a rebuke to Trump, and as a reassertion of the Court’s credibility,  is also discussed.  CLE credit is available for lawyers and judges from podcast.njsba.com.