Civitas Outlook
Published on
February 23, 2026
Contributors
Richard Epstein
UChicago Prof. Richard Epstein Weighs in on the Supreme Court’s Decision Regarding Trump’s Tariffs
The Supreme Court’s recent decision in the Learning Resources tariff case has reignited debate over the limits of presidential authority in trade policy, with constitutional scholar Richard Epstein sharply criticizing what he described as an expansive and legally unsound use of emergency powers by the executive branch.
More on
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality
Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.
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