John Yoo on Tariff Ruling: The Conservative Majority Fractured, Kavanaugh and Alito Said This Involves Nat’l Security

RUSH EXCERPT:YOO: "I think this is actually the point where the conservative majority fractured. You have Chief Justice Roberts, Justice Gorsuch justice Barrett agree to support you just made. The major questions doctrine requires on any major significant social economic question that if Congress wants to give president the power as to clearly say so. They conclude this huge amount of money hundreds of billions of dollars at stake they want to see Congress authorized the president to explicitly impose tariffs. But justices Thomas, Kavanaugh and Alito did not join them on that part of the opinion. They actually said, this is why it’s a very important deeper question of presidential power here. They said I don’t think we would apply are the major questions doctrine here this involves a foreign policy, national security and the president alone of all the constitutional actors has to figure out how to use economic policy as part of the broader spectrum foreign and national security policies the country is pursuing. The other great conservatives would not have applied the major questions doctrine. Ironically Chief Justice Roberts had to rely on the three liberal justices to form his majority to strike down these tariffs."

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John Yoo on Tariff Ruling: The Conservative Majority Fractured, Kavanaugh and Alito Said This Involves Nat’l Security‘Chief Justice Roberts had to rely on the three liberal justices to form his majority to strike down these tariffs’News & PoliticsRUSH EXCERPT:YOO: "I think this is actually the point where the conservative majority fractured. You have Chief Justice Roberts, Justice Gorsuch justice Barrett agree to support you just made. The major questions doctrine requires on any major significant social economic question that if Congress wants to give president the power as to clearly say so. They conclude this huge amount of money hundreds of billions of dollars at stake they want to see Congress authorized the president to explicitly impose tariffs. But justices Thomas, Kavanaugh and Alito did not join them on that part of the opinion. They actually said, this is why it’s a very important deeper question of presidential power here. They said I don’t think we would apply are the major questions doctrine here this involves a foreign policy, national security and the president alone of all the constitutional actors has to figure out how to use economic policy as part of the broader spectrum foreign and national security policies the country is pursuing. The other great conservatives would not have applied the major questions doctrine. Ironically Chief Justice Roberts had to rely on the three liberal justices to form his majority to strike down these tariffs."Video filesFullCompactSort byDateSummaryRelevancePopularityPer page81216Audio filesFullCompactSort byDateSummaryRelevancePopularityPer page81216Recipient e-mailMessage (optional)Preview

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