The Political Orphanage The Secret Map of Supreme Court Justices
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Dec 11, 2025 Sarah Isgur, a senior editor at SCOTUSblog and expert on Supreme Court matters, dives into the intriguing legal battles surrounding the Trump administration's use of tariffs under the International Emergency Economic Powers Act. She elucidates why this case could redefine the separation of powers, the implications for executive authority, and the complex dynamics of judicial decision-making. Isgur also introduces a novel framework for predicting justices' behavior by mapping them into ideological blocs—insightful content for anyone curious about the future of U.S. governance.
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Tariff Case Is A Separation-Of-Powers Test
- The tariff case matters far more for separation of powers than for economic policy.
- A ruling could significantly curb presidential emergency authority and restore congressional primacy.
Three Core Questions Decide IEPA's Reach
- The case turns on three questions about IEPA: statutory text, delegation, and whether the emergency requirement was met.
- The delegation question (can Congress give away tariff power?) is the most determinative.
Delegation Can Be Irreversible In Practice
- Once Congress delegates core legislative power it may be practically impossible to reclaim it without a veto-proof majority.
- A strengthened non-delegation doctrine would prevent Congress from permanently surrendering essential duties.
