Discussion
Loading...
Post
It's a bit fractured on the rationales, but the basic bottom line is a 6-3 majority, with Justices Thomas, Alito, and Kavanaugh dissenting:
www.supremecourt.gov/opinions/25p...
supremecourt.gov/opinions/25pdf...
Short version: Three of the six justices in the majority (the Chief, Gorsuch, and Barrett) rely on the major questions doctrine; the other three (Sotomayor, Kagan, and Jackson) don't. So there's daylight as to exactly *why* IEEPA doesn't authorize the tariffs, but not *that* it doesn't.
Big additional point: The majority doesn't say *anything* about what happens next with respect to possible refunds (a point Kavanaugh emphasizes at the end of his 63(!)-page dissent). Presumably, that question will go back to the Court of International Trade to try to sort out in the first instance.