The Intelligence from The Economist Recall of duty? Trump’s tariffs in court
11 snips
Nov 6, 2025 
Stephen Mazze, a Supreme Court correspondent, dives into the legal complexities surrounding Trump’s tariffs and their Supreme Court challenges. Alice Fullwood discusses the surprising decline in U.S. women's labor-force participation, attributing it to an increase in young mothers post-pandemic. Andrew Palmer explores 'dark patterns' in digital design, explaining how manipulative interfaces trick consumers and the regulatory responses evolving around them. Each guest brings sharp insights that illuminate pressing contemporary issues.
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IEPA Is An Unusual Legal Basis
- The Trump tariffs rested on the 1977 International Emergency Economic Powers Act (IEPA), a statute never before used to impose tariffs.
- Supreme Court justices questioned whether IEPA's vague verbs authorize such major economic policy under the major-questions doctrine.
Conservative Skepticism Matters
- Conservative justices, including Gorsuch and Roberts, expressed strong skepticism about Congress ceding major tariff powers to the president.
- The major-questions doctrine loomed large and could limit the administration even on a conservative court.
Argument Transcript Shifted Predictions
- The Economist's SCOTUSBOT shifted from predicting Trump wins to forecasting losses after briefs and oral arguments.
- Oral argument content strongly affected predictive models and suggested several justices might invalidate the tariffs.