Strict Scrutiny Will SCOTUS Say No to Trump’s Tariffs?
11 snips
Nov 10, 2025 
LaMonica McIver, a member of Congress from New Jersey's 10th District, discusses her controversial oversight visit to an ICE facility and the absurd criminal charges she faces. Legal analyst Steve Vladeck breaks down the complex dynamics of emergency orders, especially regarding SNAP funding disputes, explaining Justice Ketanji Brown Jackson's urgent administrative stay. The conversation highlights the intersection of politics, accountability, and judicial processes, all while keeping a light-hearted tone with audience engagement and trivia.
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Tariffs Built On Weak National-Security Claims
- The Trump tariffs rest on shaky national-security claims and erratic justifications like retaliation for Canadian ads.
- The court faces choosing between endorsing false pretenses or checking executive overreach that could destabilize the economy.
Major Questions Doctrine Threatens Tariff Power
- The major-questions doctrine could block sweeping executive tariffs because IEPA lacks specific tariff authority.
- If applied, the doctrine forces Congress, not the president, to authorize major economic policies like tariffs.
Foreign Affairs Isn’t A Blank Check
- Foreign-affairs arguments may not exempt the president from major-questions limits, especially when tariffs function as taxes on Americans.
- Labeling an action "foreign affairs" can't swallow statutory limits or congressional tariff statutes' conditions.
