Loper Bright Mentioned in Trump Tariff Case at Federal Circuit Oral Argument

Here’s how the Wall Street Journal Editorial Page described the exchange:

Mr. Nixon’s tariffs for the most part also didn’t exceed the tariff “schedule that had already been enacted,” said another judge. Mr. Trump’s do. Mr. Shumate’s fall-back was that IEEPA was meant to be interpreted “very broadly.” But “is that really how we interpret statutes anymore?” and “do you think that standard survives Loper Bright?” judges asked.

The High Court’s Loper Bright (2024) landmark says that judges shouldn’t automatically defer to regulators’ interpretations of vague laws. The Court’s major questions doctrine also holds that Congress must give the President express authority for actions with economic and political significance. Mr. Shumate said neither precedent applies to a President’s power to conduct foreign policy.

Video below starts from the beginning of the exchange on Loper. Full oral argument audio here.