Lawfare Daily: The Tariffs Decision and What Comes Next
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 4 March 2026
⏱️ 55 minutes
🧾️ Download transcript
Summary
For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with three leading scholars from the Georgetown University Law Center—Professor Kathleen Claussen, Professor Marty Lederman, and Visiting Scholar Peter Harrell of the Institute of International Economic Law—to talk through the Supreme Court’s groundbreaking opinion in Learning Resources, Inc v. Trump, which invalidated the array of global tariffs that the Trump administration had imposed using the International Emergency Economic Powers Act (IEEPA).
Together, Scott and his guests break down the Court’s opinion, weigh what it might mean for the Major Questions Doctrine and foreign relations law, and look ahead to the legal fights to come over the other tariff authorities the Trump administration is now using to pursue its agenda.
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Transcript
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| 0:00.0 | The Electronic Communications Privacy Act turns 40 this year, and it's showing its age. |
| 0:06.0 | On Friday, March 6th, Lawfare and Georgetown Law are bringing together leading scholars, |
| 0:11.1 | practitioners, and former government officials for installing updates to ECPA, a half-day event |
| 0:16.6 | on what's broken with the statute and how to fix it. The event is free and open to the public, |
| 0:21.4 | in person and online. Visit lawfaremedia.org slash ECPA event. That's lawfaremedia.org |
| 0:28.2 | slash ECPA event for details and to register. If the word regulate imports and IEPA means something, it doesn't mean this kind of daily |
| 0:41.3 | shifting, non-regulatory, arbitrary sort of action. And I thought that was sort of a polite way |
| 0:48.3 | of the chief signaling that we have an out-of-control president here and we need to do something |
| 0:52.2 | about it. It's the Lawfare podcast. I'm senior editor, Scott R. Anderson, with Kathleen |
| 0:58.3 | Klausen, Marty Leatherman, and Peter Harrell, all of the Georgetown University Law Center. |
| 1:03.5 | I do think we saw the Justice, the Chief Justice, the other justices, really finding |
| 1:07.7 | galling the chaos of the trade policy. |
| 1:11.4 | And if we see continued chaos just under a new statutory name, |
| 1:16.5 | we'll see how that plays out in the courts. |
| 1:19.6 | Today we're discussing the Supreme Court's recent tariffs decision |
| 1:22.5 | and what its implications may be for President Trump's trade policies and beyond. |
| 1:27.7 | So we're excited to have our All-Star Georgetown panel back together again. We all sat down |
| 1:34.7 | the day of oral arguments and learning resources and VOS elections, the two cases, |
| 1:39.8 | centering on President Trump's tariff agenda. We now have an opinion. It's been a few days. |
| 1:44.4 | Peter was kind enough to join us the day of the opinion for our live stream on litigation |
| 1:48.1 | developments. But we weren't able to get the whole panel together until now. But we wanted to get |
| 1:52.7 | together because there's a lot to break down about this opinion and what comes next. And we |
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