In a 6'3 decision yesterday, the Supreme Court rightly ruled that, under the International Emergency Economic Powers Act of 1977, the president does not have the power to 'impose tariffs on imports from any country, of any product, at any rate, for any amount of time.' The ruling is a major victory for the constitutional separation of powers, rule of law, and millions of American consumers and businesses harmed by these tariffs. This decision spared America from a dangerous, unconstitutional path. Under President Trump's interpretation of the law, the president would have had nearly unlimited tariff authority, similar to that of an absolute monarch. That undermines basic constitutional principles. The Framers of the Constitution had sought to ensure that the president would not be able to repeat the abuses of English kings, who imposed taxes without legislative authorization. The three cases decided yesterday (one of which I helped litigate as co-counsel for small businesses...
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