What’s Next After Friday’s Tariff Decision?

Advisory Opinions

The Dispatch

News, Government, Politics

4.7 • 4K Ratings

🗓️ 24 February 2026

⏱️ 72 minutes

🔗️ Recording | iTunes | RSS

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Summary

Sarah Isgur and David French record live at Florida State University and further examine the Supreme Court’s major tariff decision, examining Justice Kagan’s consistency argument, debating the Major Questions Doctrine with Justice Gorsuch’s concurrence, and analyzing Justice Kavanaugh’s dissent on executive power in foreign affairs. The Agenda–Analyzing Kagan’s argument–Deep dive into statutory interpretation approaches–Footnote battles (fun!) and methodological disagreements–Executive power and Kavanaugh’s track record–Special deference in foreign policy context–Balance of payments vs. trade deficits–Should justices attend Trump’s State of the Union address after his attacks? Show Notes:–Emergency AO following Tariffs decision–Fifth Circuit 10 Commandments Case–The Insignificance of Judicial Opinions Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including access to all of our articles, members-only newsletters, and bonus podcast episodes—click here. If you’d like to remove all ads from your podcast experience, consider becoming a premium Dispatch member by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0	You ready?
0:02.0	I was born ready.
0:04.0	Welcome to Advisory Opinions. I'm Sarah Isgird. That's David French. And we are live at Florida State University.
0:26.0	The Seminoles mean it. The Seminoles mean it. And SMU is now in the dust. I have to say it's official. It's official.
0:33.5	All right. Today, David, we have a full substantive pod.
0:37.8	Yeah.
0:38.2	We are going to do tariffs revisited and do an A.O. special where we steal man everyone else.
0:46.8	Right.
0:47.2	Other than the majority, revisiting Justice Kavanaugh's dissent and revisiting Justice Kagan's concurrence.
0:54.1	And the best arguments for why
0:57.2	they are totally consistent across all of their jurisprudence.
1:02.1	We will also talk about the other tariff authorities that the president has invoked and the
1:06.8	legal foundations for those, as well as should the justices go to the state of the union,
1:13.2	which has been a thing of some controversy after the president has, you know, accused some of them
1:17.8	of being under the control of a foreign power without any evidence. As well as we have a decision
1:22.6	from the Fifth Circuit on the Ten Commandments case, which is very First Amendment fitting with why we are here today.
1:29.5	And then we'll just see. We'll see where we go from there. Who knows? David,
1:34.0	we talked about the tariff decision in our emergency podcast. We split this up into a 333 decision
1:41.3	where you have the Chief Barrett and Gorsuch in their 21-page, you know,
1:48.1	major questions doctrine.
1:50.1	This falls in line with student loan debt forgiveness and OSHA vaccine mandate.
1:55.3	Nothing to see here.
	...

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