The Major Questions Doctrine, the Tariffs Case, and the Civil Service: A Conversation with Professor Peter M. Shane
About this episode
Professor Peter M. Shane discusses the Supreme Court's ruling in the tariffs case and its implications for presidential power and civil service rules.
The Supreme Court’s decision this year in the tariffs case, Learning Resources, Inc. v. Trump , involved an important test of the scope of the President’s power. Professor Peter Shane discusses the Court’s ruling setting aside President Donald Trump’s tariffs under the International Emergency Economic Powers Act (IEEPA) by a six-three vote. Significantly, Professor Shane explains, the Court engaged in an extensive debate over the application of the major questions doctrine (MQD). Under the MQD, as Professor Shane has written, government officials who undertake novel, “unheralded” administrative initiatives of unusual economic and political significance must be able to cite statutes that authorize their initiatives “clearly.” In Learning Resources , three justices in the majority said the MQD applies and supports ruling against the President andthree said the MQD was not needed for such a ruling. Ultimately, seven justices wrote opinions in the case, and much of the discussion was about the MQD. The conversation then turns to an article Professor Shane recently wrote in the Washington Monthly about how the Supreme Court’s decision in Learning Resources could be applied to a legal…
People in this episode
Host: Touro Law Review
Guest: Professor Peter M. Shane
Topics covered
- Supreme Court
- major questions doctrine
- tariffs case
- civil service
- presidential power
Keywords
- Supreme Court
- tariffs
- major questions doctrine
- civil service
- presidential power
- Learning Resources, Inc.
- Office of Personnel Management
Mentioned in this episode
Organizations: Learning Resources, Inc., Office of Personnel Management, Washington Monthly
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- Drawing the Lines: Gerrymandering and Election Law
- "Cook v. Trump: The President and the Federal Reserve"
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