S8 Ep517: Jonathan Adler reports that following the tariff decision, the administration must now use specific statutes with procedural strings, limiting the president's ability to adjust trade penalties on a whim. 8E
The John Batchelor Show
John Batchelor
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🗓️ 26 February 2026
⏱️ 8 minutes
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Summary
Jonathan Adler reports that following the tariff decision, the administration must now use specific statutes with procedural strings, limiting the president's ability to adjust trade penalties on a whim. 8.
Transcript
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| 0:00.0 | I'm John Bachelor, Professor Jonathan Adler writing at Civitas Outlook for Civitas Institute |
| 0:20.7 | on the most recent decision, |
| 0:22.6 | learning resources versus the Trump administration about tariffs. |
| 0:27.1 | The six vote carried the day rejecting the president's ambitions. |
| 0:32.7 | The three votes, however, divided most compellingly, and Justice Kavanaugh, who heretofore has been considered |
| 0:39.5 | a conservative government, uh, justice, dissented from the decision on the basis of he |
| 0:46.4 | believes the president does have the power to impose tariffs. And then he pointed to other |
| 0:52.6 | parts of the law from Congress. I think the particular one |
| 0:58.8 | was a 122 that demonstrate the president can use tariffs. Is that a persuasive case that he made? |
| 1:06.2 | Because it looks to have given pointers to the administration where to go next. |
| 1:11.7 | Well, there are a couple things there. |
| 1:13.9 | I mean, one, Justice Kavanaugh, joined by Justice Alito and Thomas, argued that the way |
| 1:23.4 | we interpret statutes that implicate the president's foreign affairs powers should be different, |
| 1:30.2 | that we should expect Congress to sweep more broadly and be less precise because we generally |
| 1:39.5 | expect the president to be the representative of the country on the foreign stage. |
| 1:45.2 | And so therefore, while he noted his agreement with the general approach to interpreting |
| 1:51.2 | statutes articulated by the chief justice, he felt that this statute in this context meant |
| 1:57.7 | the president should have more leeway. But then, as you note, he pointed out that |
| 2:02.3 | there are many other statutes through which the president has the authority to impose tariffs, |
| 2:09.4 | but there is an important catch. There are these other statutes. They do delegate to the president, |
| 2:17.3 | the authority to impose tariffs, |
| 2:19.8 | but they often require either the making of particular findings before the tariffs can be |
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