The Illegal News with Sarah Longwell S2 Ep146: Supreme Court Slams Door on Trump’s Tariff Power Grab (w/ Andrew Weissmann) | Illegal News
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Feb 21, 2026 
Andrew Weissmann, former DOJ prosecutor and NYU Law professor, breaks down the Supreme Court’s rejection of Trump’s tariff move. He explains why Congress, not the president, controls taxation. Short takes cover the major questions doctrine, Roberts’ rebuke of Kavanaugh, and what this means for executive power going forward.
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Unexpected Cross‑Court Alliances
- The 6–3 majority included three Trump appointees who joined conservatives and liberals.
- This split shows justices can adhere to principles over partisan expectations.
Major Questions Doctrine Demands Clarity
- The major questions doctrine asks for clear congressional language when delegating huge policy decisions.
- Six justices relied on that principle to require explicit delegation for sweeping tariff authority.
Roberts Rebukes Kavanaugh's Dissent
- Chief Justice Roberts sharply criticized Justice Kavanaugh's dissent as mirroring the government's brief.
- Roberts also warned against proposing unbriefed remedies from the bench.