The case will also force the justices to address 2 doctrines favored by the conservative legal movement, both of which appear to work against #Trump’s claims. The “major questions doctrine” says #Congress must use clear language to authorize executive actions that could transform the #economy. #SCOTUS relied on the doctrine to invalidate many of President #Biden’s key initiatives, including his student loan forgiveness program.
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The other—the “nondelegation doctrine”—says that #Congress cannot transfer unlimited legislative powers—like its taxing authority—to the #ExecutiveBranch.
Solicitor general D. John Sauer said #Trump’s use of the statute to impose #tariffs was not an unlimited delegation of #power. The #law requires declared emergencies to expire in a year & reports to Congress about the tools used in the meantime. Even so, he said Trump’s power to declare an emergency was not subject to review by courts.
#SCOTUS
“Judges lack the institutional competence to determine when foreign affairs pose an unusual & extraordinary threat that requires an emergency response,” Sauer wrote in a court filing.
Sauer also pointed to a recent concurring opinion from Justice Brett M. Kavanaugh in another case that suggested the 2 doctrines play little to no role in the context of national security & foreign policy emergencies.
#SCOTUS #Trump #law #PartisanCourt #ActivistCourt #AbuseOfPower #tariffs #economy
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