Marty Lederman
@martylederman.bsky.social
Professor at Georgetown University Law Center; former DOJ/OLC attorney
Obviously more likely than not the Court declares that IEEPA doesn't authorize at least the "reciprocal" tariffs. But I need to ponder further how far *beyond* 50%.
November 5, 2025 at 6:30 PM
Obviously more likely than not the Court declares that IEEPA doesn't authorize at least the "reciprocal" tariffs. But I need to ponder further how far *beyond* 50%.
"Apart form Manchin, Sinema, perhaps Fetterman etc.,"
oh, is that all?
oh, is that all?
November 5, 2025 at 5:58 PM
"Apart form Manchin, Sinema, perhaps Fetterman etc.,"
oh, is that all?
oh, is that all?
Justice Gorsuch offers a much more vivid, historically based answer than Gutman did. One thing, though: Were there really a lot of pirates in 18th Century America? [20]
November 5, 2025 at 5:42 PM
Justice Gorsuch offers a much more vivid, historically based answer than Gutman did. One thing, though: Were there really a lot of pirates in 18th Century America? [20]
Justice Gorsuch offers a much more vivid, historically based answer than Gutman did. One thing, though: Were there really a lot of pirates in 18th Century America? [20]
November 5, 2025 at 5:41 PM
Justice Gorsuch offers a much more vivid, historically based answer than Gutman did. One thing, though: Were there really a lot of pirates in 18th Century America? [20]
Justice Kagan agrees: Why different? Give me a non-tautological reason. [19]
November 5, 2025 at 5:30 PM
Justice Kagan agrees: Why different? Give me a non-tautological reason. [19]
In response to similar question from Kavanaugh--why would Congress omit the "donut hole"?--Gutman says it's a "different pastry," i.e., different in kind. But why and in what way? [18]
November 5, 2025 at 5:30 PM
In response to similar question from Kavanaugh--why would Congress omit the "donut hole"?--Gutman says it's a "different pastry," i.e., different in kind. But why and in what way? [18]
Justice Barrett asking another question that I would have stressed much more if I were defendning Trump: Given that Congress clearly delegated much *more* dramatic authorities, including absolute prohibitions, why assume it wouldn't want to delegate the "lesser" power? [17]
November 5, 2025 at 5:30 PM
Justice Barrett asking another question that I would have stressed much more if I were defendning Trump: Given that Congress clearly delegated much *more* dramatic authorities, including absolute prohibitions, why assume it wouldn't want to delegate the "lesser" power? [17]
This might well be a case in which the second counsel--for Oregon here--should simply ask whether the Justices have any further questions and then let it sit. [16]
November 5, 2025 at 5:30 PM
This might well be a case in which the second counsel--for Oregon here--should simply ask whether the Justices have any further questions and then let it sit. [16]
Been waiting for the question Justice Barrett now asking--does "regulate importation" *in TWEA* authorize tariffs against wartime enemy nations? Katyal correctly responds: No, IEEPA and TWEA should be construed similarly w/r/t tariffs. [15]
November 5, 2025 at 5:30 PM
Been waiting for the question Justice Barrett now asking--does "regulate importation" *in TWEA* authorize tariffs against wartime enemy nations? Katyal correctly responds: No, IEEPA and TWEA should be construed similarly w/r/t tariffs. [15]
Justice Kagan asking really interesting question about how the *Court* should construe a delegation statute when it was enacted on the assumption of a legislative veto. [14]
@joshchafetz.bsky.social
@joshchafetz.bsky.social
November 5, 2025 at 5:30 PM
Justice Kagan asking really interesting question about how the *Court* should construe a delegation statute when it was enacted on the assumption of a legislative veto. [14]
@joshchafetz.bsky.social
@joshchafetz.bsky.social
Justice Alito now channeling his inner Jed Rubenfeld. (But there are good reasons that even the Trump Administration hasn't adopted that argument.) [13]
November 5, 2025 at 5:30 PM
Justice Alito now channeling his inner Jed Rubenfeld. (But there are good reasons that even the Trump Administration hasn't adopted that argument.) [13]
Justice Kagan agrees: Why different? Give me a non-tautological reason. [19]
November 5, 2025 at 5:26 PM
Justice Kagan agrees: Why different? Give me a non-tautological reason. [19]
In response to similar question from Kavanaugh--why would Congress omit the "donut hole"?--Gutman says it's a "different pastry," i.e., different in kind. But why and in what way? [18]
November 5, 2025 at 5:25 PM
In response to similar question from Kavanaugh--why would Congress omit the "donut hole"?--Gutman says it's a "different pastry," i.e., different in kind. But why and in what way? [18]
Justice Barrett asking another question that I would have stressed much more if I were defendning Trump: Given that Congress clearly delegated much *more* dramatic authorities, including absolute prohibitions, why assume it wouldn't want to delegate the "lesser" power? [17]
November 5, 2025 at 5:25 PM
Justice Barrett asking another question that I would have stressed much more if I were defendning Trump: Given that Congress clearly delegated much *more* dramatic authorities, including absolute prohibitions, why assume it wouldn't want to delegate the "lesser" power? [17]
This might well be a case in which the second counsel--for Oregon here--should simply ask whether the Justices have any further questions and then let it sit. [16]
November 5, 2025 at 5:25 PM
This might well be a case in which the second counsel--for Oregon here--should simply ask whether the Justices have any further questions and then let it sit. [16]
Been waiting for the question Justice Barrett now asking--does "regulate importation" *in TWEA* authorize tariffs against wartime enemy nations? Katyal correctly responds: No, IEEPA and TWEA should be construed similarly w/r/t tariffs. [15]
November 5, 2025 at 5:12 PM
Been waiting for the question Justice Barrett now asking--does "regulate importation" *in TWEA* authorize tariffs against wartime enemy nations? Katyal correctly responds: No, IEEPA and TWEA should be construed similarly w/r/t tariffs. [15]
You've seen the Mr. Cardamom and No. 1 Spice videos, right?
November 5, 2025 at 4:56 PM
You've seen the Mr. Cardamom and No. 1 Spice videos, right?
Justice Kagan asking really interesting question about how the *Court* should construe a delegation statute when it was enacted on the assumption of a legislative veto. [14]
@joshchafetz.bsky.social
@joshchafetz.bsky.social
November 5, 2025 at 4:55 PM
Justice Kagan asking really interesting question about how the *Court* should construe a delegation statute when it was enacted on the assumption of a legislative veto. [14]
@joshchafetz.bsky.social
@joshchafetz.bsky.social