Bloomberg Law Weekend Law: Tariffs, Comey's Defense, Michael Jordan & NASCAR
Nov 8, 2025
Timothy Brightbill, co-chair of the international trade practice at Wiley Rein, dives into the Supreme Court's hearing on global tariffs and the implications of the Trump administration's actions. Robert Mintz, a former federal prosecutor, explores the complex defense strategies in the criminal case against James Comey, including challenges over alleged false statements and prosecutorial methods. Finally, Harry First, an NYU Law professor, analyzes Michael Jordan's antitrust lawsuit against NASCAR, focusing on market control and competition dynamics in racing.
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Court Skepticism Over Executive Tariff Power
- The Supreme Court sees Trump's use of IEPA to impose tariffs as legally suspect because the statute never mentions tariffs.
- Justices flagged that imposing taxes is Congress's core power and delegating broad tariff authority raises separation-of-powers concerns.
Major Questions Doctrine At Center Stage
- The major questions doctrine loomed large, requiring clear congressional authorization for actions of vast economic significance.
- Justices like Gorsuch worried that allowing tariff delegation could create a one-way ratchet of executive power.
Expect Faster Tariff Tools To Be Replaced
- If the court rejects IEPA authority, the administration will pivot to other trade statutes like Sections 122, 232, and 301.
- Expect those alternatives to require studies and agency processes, making future tariffs slower to implement.