The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, Sept. 12
Sep 15, 2025
The discussion covers significant legal developments surrounding the Trump administration, including a Supreme Court ruling affecting the FTC Commissioner and the Second Circuit's $83 million judgment in E. Jean Carroll's case. The panel explores the politicization of the FBI, revealing a culture of ethical purges, and examines the complexities of presidential immunity and immigration law. They also touch on the implications of the Bolton hacking incident on national security and the challenges judges face amid political maneuvering.
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Why The Court Fast-Tracked Tariff Disputes
- The Supreme Court fast-tracked tariff cases likely because of usual deference to executive branch and foreign-affairs implications.
- The major questions doctrine still controls whether broad economic actions need clear congressional authorization.
Major Questions Doctrine Is The Deciding Factor
- The major questions doctrine is the pivotal battleground for tariff legality, not just textual interpretation.
- If applied, the doctrine stacks the interpretive odds against the government for large-scale economic measures.
Supreme Court Stay Leaves Multiple Explanations
- The Supreme Court stayed Judge Lee's injunction on foreign-aid rescissions, leaving multiple possible rationales open.
- The stay could signal leanings on remedies, confusion about the injunction's scope, or favor toward the government on merits.
