Why the “Lesser Included Action” Argument for IEEPA Tariffs Fails
The Supreme Court yesterday struck down Trump’s IEEPA tariffs, holding that the statute’s authorization to “regulate… importation” doesn’t include the power to impose tariffs. The majority’s strongest argument is simple: every time Congress actually delegates tariff authority, it uses the word “duty,” caps the rate, sets a time limit, and requires procedural prerequisites. IEEPA has […] The post Why the “Lesser Included Action” Argument for IEEPA Tariffs Fails appeared first on Marginal REVOL...