regarding their recent tariff decision. In a solo opinion, Gorsuch highlighted their inconsistent application of a contentious legal doctrine, which has influenced rulings on former President Obama’s environmental regulations, President Biden’s student debt relief, and now, President Trump’s tariffs.
The liberal justices have suggested that Gorsuch has seemingly fabricated this doctrine, while three of his conservative colleagues sought to introduce exceptions. Another colleague dismissed Gorsuch’s concerns as an exaggeration of a minor issue.
Gorsuch believes that he and Chief Justice John Roberts are the only justices maintaining a consistent stance on the matter.
“It is an interesting turn of events,” Gorsuch remarked. “Each camp warrants a visit.” The focal point of this debate is the “major questions doctrine,” which asserts that the president must demonstrate clear congressional authorization for extraordinary delegations of power to the executive branch.
Andrew Morris, senior counsel at the New Civil Liberties Alliance, who represents businesses challenging Trump’s tariffs, noted, “The opinion of the court, particularly regarding the major questions doctrine, has garnered significant attention.”
Gorsuch and his colleagues applied this doctrine to counter Trump’s expansive claim of tariff authority under the 1977 International Emergency Economic Powers Act (IEEPA), marking a significant setback for the president’s economic agenda.
“Regardless of how one interprets Congress's actions in IEEPA, it did not clearly grant the President the extensive tariff powers he seeks to exercise,” Gorsuch stated. “Not everyone shares this perspective.”
In response to the decision, Trump criticized several justices on social media over the weekend, announcing his intention to use lowercase letters when referring to the Supreme Court, citing a “complete lack of respect.” Trump is set to meet with the justices on Tuesday, creating the potential for an awkward encounter with some of his nominees, including Gorsuch, who was his first appointment to the Supreme Court during his initial term.
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