Todd Tucker @toddntucker.com · Feb 20 Kavanaugh notes that the majority's reasoning would allow Trump to shut down all trade with the world, but not to impose the lesser restriction of a tariff.
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Kavanaugh makes a point I've made but I haven't seen elsewhere in the case history to date: 1977 was a peak of congressional skepticism over executive power. That even the Church-era Congress didn't rein in WH tariff power has to get some contextual weight.