Ross Burkhart, professor of political science in the School of Public Service, provided commentary in several new articles on tariffs reacting to the United States Supreme Court’s decision in Learning Resources, Inc. v. Trump, President of the United States.
In “Supreme Court strikes down use of primary law Donald Trump used to impose tariffs”, Burkhart offers immediate analysis of the Court’s decision, explaining how it constrains President Donald Trump’s preferred scope and scale of global tariffs.
In “Supreme Court deals setback to across-the-board tariffs,” article, Burkhart examines Trump’s tariff announcement in the immediate aftermath of the ruling, focusing on the administration’s reliance on Section 122 of the Trade Act of 1974.
In “Supreme Court rejects Trump’s tariffs. Could Idaho businesses get a refund?” , Burkhart highlights the separation of powers principles underlying the Court’s decision, emphasizing that the Constitution assigns Congress the authority to institute tariffs. He also addresses criticism that the Court did not outline how its ruling should be implemented. Burkhart notes that such concerns overlook longstanding precedent: the Supreme Court typically does not prescribe implementation mechanisms in its judicial review decisions, instead leaving that responsibility to the executive branch.