In this episode of Passing Judgment, Jessica Levinson unpacks two recent Supreme Court emergency decisions. First, she discusses the Court’s move to allow ICE raids in Los Angeles to proceed, highlighting the legal debate over what constitutes reasonable suspicion for immigration enforcement. Next, she examines a ruling permitting President Trump to fire an FTC commissioner, raising questions about presidential authority over executive agencies.
Jessica then dives into a major Federal Circuit Court decision striking down President Trump’s expansive tariffs, explaining why the court found he lacked statutory authority under the International Emergency Economic Powers Act (IEEPA). With the Trump administration seeking Supreme Court review, Jessica explores what these rulings mean for executive power, immigration, and international trade.
Here are three key takeaways you don't want to miss:
1. 1. Supreme Court Emergency Docket Decisions: Jessica opens the episode with a breakdown of two new decisions from the Supreme Court’s “emergency docket.” These aren’t full decisions on the merits, but rather interim rulings that signal how the Court may eventually decide, and have real practical effects in the meantime.
2. The Federal Circuit Court’s Landmark Ruling on Tariffs: Jessica explains a recent and highly significant Federal Circuit Court decision regarding President Trump’s use of reciprocal tariffs. The court held that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose sweeping tariffs as he did.
3. The Core Legal Issue: Presidential Authority Under the IEEPA: A central theme is whether the IEEPA grants the president power to impose tariffs. The court found it does not, highlighting that the statute’s language does not include terms like "tariff," "duty," or "tax," distinguishing it from other statutes where Congress has explicitly delegated tariff authority.
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