The Editors Episode 851: Tariff Talk
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Feb 23, 2026 They unpack the Supreme Court ruling that curbed presidential tariff authority and debate its legal reasoning. They weigh political fallout and whether Congress will reclaim trade powers. They examine Trump's maneuvering on tariffs and the economic politics behind them. They also discuss U.S. pressure on Iran, strikes versus diplomacy, and constitutional questions about war powers.
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Court Reins In Broad Tariff Authority
- The Supreme Court ruled against Trump's broad use of the International Emergency Economic Powers Act, saying 'regulate' doesn't cover sweeping tariffs.
- Michael Brendan Dougherty and Rich Lowry note the majority framed tariffs as an 'elephant in a mouse hole' and nudged Congress to act.
Anticipate Tariff Moves Under Different Laws
- Expect the administration to pursue alternate statutory authorities (e.g., Section 122) to reimpose tariffs.
- Michael Brendan Dougherty says those other acts often require congressional review or sunset votes within set periods.
Major Questions Doctrine Exposed In Tariff Split
- Justices split over statutory interpretation, with Gorsuch accusing progressives of hypocrisy on the major questions doctrine.
- Charles Cooke and Michael note the decision forces selection of narrower statutory authorities rather than carte blanche executive power.