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The John Batchelor Show

S8 Ep489: Professor Richard Epstein predicts the Supreme Court may strike down tariffs, arguing that trade deficits do not constitute legal emergencies, while also discussing the potential for the Court to preserve the Federal Reserve's independence from execut

The John Batchelor Show

John Batchelor

Society & Culture, Arts, News, Books

4.52.8K Ratings

🗓️ 21 February 2026

⏱️ 5 minutes

🧾️ Download transcript

Summary

Professor Richard Epstein predicts the Supreme Court may strike down tariffs, arguing that trade deficits do not constitute legal emergencies, while also discussing the potential for the Court to preserve the Federal Reserve'sindependence from executive control. 16
1911 SCOTUS

Transcript

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0:00.0

I'm John Batchel with my good colleague, Professor Richard Epstein of the Civitas Institute,

0:20.4

teachers law at NYU and the University

0:22.0

of Chicago. The case pending is that of tariffs. The president asserted on Liberation Day that the

0:31.3

trade deficit was an emergency and therefore tariffs were to be applied according to his reporting in order to oblige our

0:40.7

colleagues and competitors to close the trade deficit. That argument qualified before the

0:49.6

court now and the court to decide I'm told whether or not a trade deficit is an emergency.

0:57.0

Richard, what way is the court going to go and what does it mean for the tariffs?

1:02.0

I think they're going to strike the tariff down. They will do it under one of two grounds.

1:07.0

They will either do the narrow version of which it says that if you look at IEPA,

1:11.3

that is a governing statute on this.

1:13.9

What it basically does, it allows for terrorists only at the edges, but not as a major source.

1:20.5

Or the other view, which I think is more accurate, is IEPA was a device of regulation for which

1:25.1

had no role whatsoever.

1:26.7

1970s, IEPA, yes.

1:28.4

Yes, that's right.

1:29.3

The international powers, what is the Economic Emergency Act.

1:33.1

I think they'll do that.

1:34.7

I also think on economic grounds that Trump describe him as laughably ignorant as to be too

1:40.5

kind to the myth.

1:42.0

Because what has happened is he has this view about reciprocity

1:46.1

as being necessary for fairness, but it turns out it's extremely difficult to have zero

1:51.7

balances between any two nations. System-wide, pluses and minuses tend to cancel out. But in any

...

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