
The Fifth Column A Big, Beautiful SCOTUS Decision (with Damon Root) MO #303
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Feb 20, 2026 Damon Root, legal journalist and author of Overruled, breaks down a big Supreme Court tariff ruling. He highlights separation of powers, the major questions doctrine, and why three justices dissented. Short, sharp takes on congressional abdication and conservative inconsistency.
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Court Reins In Executive Tariff Power
- The Supreme Court ruled 6-3 that Trump's emergency tariffs exceeded executive authority and vindicated congressional lawmaking.
- Damon Root says the decision restores separation of powers by forcing Congress to reclaim its Article I responsibilities.
Legislative Clarity Is Essential
- Congress should reclaim its tariff and taxing authority rather than cede it to the executive.
- Damon Root urges lawmakers to legislate clearly to prevent future executive overreach.
Constitutional Lines Matter
- Damon Root emphasizes that taxing and tariff powers sit in Article I while the president's powers appear in Article II.
- He frames the decision as a victory for the rule of law and constitutional design requiring legislative deliberation.




