Civitas Outlook
Topic
Politics
Published on
February 26, 2026
Contributors
Richard Epstein
John Yoo
Charles C.W. Cooke
Episode 9
Law Talk

The Trouble With Tariffs

About this episode

Recent Supreme Court rulings have put new limits on the president’s ability to impose sweeping tariffs under claims of national emergency. The Law Talk crew breaks down what the Court actually decided, why Trump’s emergency-tariff theory failed, and how trade law, constitutional structure, and basic economics collided in the case. They also explore who really controls tariff power under the Constitution, why trade deficits don’t qualify as emergencies, and how doctrines like non-delegation and “major questions” are quietly reshaping executive authority.

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