Do Tariff Declarations Require a National Emergency Under IEEPA?

Kate, Leah, and Melissa dive into the legal pushback over ICE and the National Guard in Chicago and Portland, anti-marriage equality goblin Kim Davis’s unwelcome return to the courts, the administration’s lawless strikes on boats in the waters around South America, and the specter of Trump 3.0. Then, they preview November’s SCOTUS cases, including Learning Resources v. Trump, which challenges Trump’s authority to impose tariffs under the International Emergency Economic Powers Act. 

Favorite things:

• Leah: Task (HBO Max); West End Girl, Lily Allen; The Kavanaugh Stop - 50 days later, Chris Geidner (Law Dork); The Supreme Court’s Self-Defeating Supremacy, Steve Vladeck (The Supreme Court Review); God’s Chief Justice, Doug Bock Clark (ProPublica); Lawyers March for Democracy on November 15 at 1-3pm.
• Kate: The Emergency, George Packer; Expert Backgrounder on War Powers Resolution 60-Day Clock for Boat Strikes Expiring Monday, Rebecca Ingber and Jessica Thibodeau (Just Security)
• Melissa: Impermissible Punishments: How Prison Became a Problem for Democracy, Judith Resnik
• Hurricane relief for Jamaica:
  • The WalkGood Jamaica Relief Fund
  • The American Friends of Jamaica
  • Global Empowerment Mission
  • Mercy Corps
  • Food for the Poor Jamaica

Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025! 

• 3/6/26 – San Francisco
• 3/7/26 – Los Angeles

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