"Today, the Supreme Court is hearing oral arguments in one of those rare cases that could reshape all three branches of government. The justices deciding Learning Resources, Inc. v. Trump, a challenge to the current tariff regime, could determine whether the imperial presidency is entrenched or arrested. They could either cajole Congress out of its dormancy or render it even more inert."
"This has come about through presidential decree alone, with no congressional input whatsoever. Under Chief Justice John Roberts, the Court has become more indulgent toward the president's power over foreign affairs and within the executive branch itself (in keeping with the so-called unitary-executive theory). But taxation and the imposition of tariffs are core powers of Congress, explicitly assigned to it by the Constitution."
Learning Resources, Inc. v. Trump asks whether presidential tariff-setting under the International Emergency Economic Powers Act (IEEPA) usurps Congress’s constitutional taxing and tariff powers when done without congressional approval. Presidential tariffs have raised the overall U.S. tariff rate to roughly 17 percent, the highest since 1935, through unilateral presidential decree. The Trump administration relies on a maximalist IEEPA reading; that law has historically underpinned major sanctions actions. The Roberts Court has shown deference to executive power in foreign affairs, but taxation and tariffs remain core congressional authorities, making this case pivotal for institutional balance and legitimacy.
Read at The Atlantic
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