Case Probes Court’s Precedent on Major Questions Doctrine  

Washington, D.C. – With the U.S. Supreme Court poised to hear a critical case on November 5 regarding the President’s authority to establish tariffs far beyond congressional limitations, a coalition of leading historians of constitutional law and the presidency has submitted a friend-of-the-court brief in Learning Resources, Inc. v. Trump, which highlights the historic significance of tariffs and the clear legal requirement that guardrails tariffs be set by the Legislative branch – and respected by the Executive.

The brief was submitted by pro-democracy legal organization Democracy Forward on behalf of renowned historians Corey Brettschneider of Brown University, Sotirios Barber of  University of Notre Dame, Holly Brewer, University of Maryland, Martin Flaherty of Fordham and Princeton Universities, Lawrence Lessig of Harvard University, Carol Nackenoff of Swarthmore College, Gautham Rao of American University, Jeffrey Tulis of University of Texas – Austin, and Lawrence Sager of University of Texas Law School. 

“Ignoring the historical role of Congress in tariff policy would be a grave mistake. The President cannot continue to manufacture emergencies to push through his unlawful agenda,” said Skye Perryman, President and CEO of Democracy Forward. “Our system of checks and balances, and respect for congressional authority, must endure.”

“From the Revolution’s cry of ‘no taxation without representation’ to the Constitution itself, Congress has guarded control over taxation and tariffs,” said Brettschneider. “When it later enacted the modern emergency powers laws, it did so to rein in presidential overreach—not to give the President sweeping authority over trade. President Trump’s effort to usurp Congress’s control over tariffs strikes at the foundation of representative government, and the Supreme Court should reaffirm that those powers belong to the people’s branch.”

While on the campaign trail and since his inauguration, President Trump repeatedly made statements and social media posts about tariffs and international trade agreements. On April 2, he declared a national emergency, announcing that he would be imposing a 10% tariff on most imports to the United States and additional duties on certain trading partners. The president’s announcement cited the International Emergency Economic Powers Act (IEEPA) to levy duties on nearly $2.2 trillion worth of imports, but IEEPA contains no authority for him to do so. 

The Democracy Forward attorneys working on the case include Pooja Boisture, Gilbert Orbea, Ross Synder, Somil Trivedi, Amy Vickery, and Paul Wolfson.

Read the historians’ full friend-of-the-court brief here. 

On Thursday, October 30 at 7:30pm ET, Democracy Forward will host a webinar to discuss the impact of this case with prominent experts to discuss this case’s potential impact on domestic policy, the separation of powers, and the American people. To join, RSVP at: https://streamyard.com/watch/TyNCCxKfWexg. 

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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.