#supreme-court

In a part of the opinion joined by Justice Neil Gorsuch and Justice Amy Coney Barrett, Roberts said that Trump’s reliance on IEEPA to impose the tariffs violated the “major questions” doctrine – the idea that if Congress wants to delegate the power to make decisions of vast economic or political significance, it must do so clearly. In 2023, the court relied on the “major questions” doctrine to strike down the Biden administration’s student-loan forgiveness program. In that case and others like it, Roberts observed, it might have been possible to read the federal law at issue to give the executive branch the power it claimed. But “context” – such as the constitutional division of power among the three branches of government – and “common sense” “suggested Congress would not have delegated ‘highly consequential power’ through ambiguous language.”

In cases like this one, Roberts continued, in which the Trump administration contends that Congress has delegated to it “the core congressional power of the purse,” considerations like context and common sense “apply with particular force.” “[I]f Congress were to relinquish that weapon to another branch, a ‘reasonable interpreter’ would expect it to do so ‘clearly.’” And indeed, Roberts said, “[w]hen Congress has delegated its tariff powers, it has done so in explicit terms, and subject to strict limits,” a test that Trump’s tariffs failed here.