S8 Ep520: John Yoo reports that in a 6-3 decision, the Court ruled that the IEEPA does not grant the president power to impose universal tariffs without explicit Congressional authorization. 5.
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 27 February 2026
⏱️ 14 minutes
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Summary
John Yoo reports that in a 6-3 decision, the Court ruled that the IEEPA does not grant the president power to impose universal tariffs without explicit Congressional authorization. 5.
1888 SCOTUS
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| 0:00.0 | This is John Bachelor. I welcome John Yu, Professor John Yu of the Civitas Institute, the University of Texas at Austin, |
| 0:23.3 | as well as Berkeley Law School, to comment on the most recent major decision made by the Supreme Court |
| 0:30.7 | to do with the politics of the moments, tariffs. This is called Learning Resources, and Learning |
| 0:37.4 | Resources has a decision that breaks down into so many different pieces. |
| 0:41.8 | I need the professors help. |
| 0:43.5 | The overall headline was, 6 to 3, the Roberts Court rejects the Trump administration's interpretation of a 1977 law passed during Jimmy Carter's troubled presidency called |
| 0:56.1 | AEPA. That is a acronym for a long and complicated version of tariffs, International |
| 1:04.0 | Emergency Economic Powers Act. Professor, a very good evening to you. As I understand it, the six to three majority |
| 1:13.9 | holds that the Trump administration was incorrect in using EPA for its ambition to regulate |
| 1:22.1 | or to administer or to negotiate tariffs with other sovereign states, chiefly bilaterally, but there are some |
| 1:31.5 | grouping as well. But in that rejection, there were different opinions of yea and nay. |
| 1:38.2 | So overall, to understand how the court works, that is longstanding a puzzle about how to interpret court decisions. |
| 1:49.2 | People say yes, but in different directions. |
| 1:52.5 | Does that have any meaning for the court going forward, given that it likes precedent? |
| 1:58.8 | That I say yes, but it's qualified this way. He says yes, but it's |
| 2:02.9 | qualified that way. Good evening to you, John. John, exactly right. One is that the court did |
| 2:09.3 | strike down President Trump's worldwide tariffs by a six to three vote. But you're really good |
| 2:15.5 | at counting the noses, John, because how you find out |
| 2:18.5 | which six justices agreed on which parts of the opinion is hard and takes time. And maybe |
| 2:25.0 | you need a law degree in order to do it. It's a most unusual gathering of justices. You have |
| 2:32.0 | three conservative justices, Chief Justice Roberts, who wrote the opinion, |
| 2:36.7 | Justice Gorsuch, Justice Barrett, voting to strike down the tariffs. And then you had the three |
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