The Commentary Magazine Podcast White Monday
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Feb 23, 2026 A snowy Monday conversation dissects the Supreme Court's 6-3 ruling on IEEPA tariffs and the unusual multi-opinion release. They highlight Justice Gorsuch's forceful concurrence and debate Roberts', Kavanaugh's, Alito's and Thomas's differing approaches. The discussion also considers constitutional risks for emergency statutes and which conservative judges might be tapped as potential replacements.
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Hosts Swap Snowy Dog Stories
- John and Abe trade brief dog-in-the-snow anecdotes to open the episode and set a conversational tone.
- John describes a 20-second walk where his dog did business and ran back inside, while Seth reports milder Maryland snowfall.
Tariff Case Revealed Courtwide Schisms
- The tariff case became an everything case that exposed deep splits over statutory interpretation, separation of powers, and major questions doctrine.
- Chief Justice Roberts wrote a short majority ruling; six justices agreed tariffs weren't authorized under IEEPA, but follow-up concurrences revealed major doctrinal fractures.
Roberts Majority Limits IEEPA To Exclude Tariffs
- The majority held IEEPA did not authorize tariffs because tariffs are distinct from regulatory measures and Congress would have spoken clearly if it intended to grant tax-like powers.
- Chief Justice Roberts' concise 20-page opinion focused on textual limits: 'regulate' does not plainly include imposing tariffs.