Compendium of Writings About the Trump Tariff Case

Particularly since   our win in the US  Court of International Trade, there has been considerable public interest in the case against Donald Trump's "Liberation Day Tariffs" filed by the Liberty Justice Center and myself, on behalf of five small businesses harmed by the tariffs. For the benefit of the media, legal commentators, and other interested readers, this post compiles links to all my writings about the case and related issues.

Unless otherwise noted, all links are to pieces originally published right here on the Volokh Conspiracy blog.  I omitted posts that simply link to media appearances, or to pieces I published elsewhere. The items are in chronological order:

"Challenge Trump's Tariffs Under the Nondelegation and Major Questions Doctrines," Feb. 2, 2025. This is the post that started it all. As a result of it, the Liberty Justice Center contacted me to explore the possibility of bringing a lawsuit against Trump's IEEPA tariffs under the theories I outlined.

"Trump's Tariff Power Grab May not be Over," Feb. 4, 2025. I suggested the suspension of Trump's first set of IEEPA tariffs wouldn't end the tariff power grab. The prediction proved accurate.

"Challenging Trump's Tariffs Under the Major Question Doctrine," Mar. 29, 2025 (analysis of ideas developed by Prof. Jennifer Hillman).

"Looking for Plaintiffs to Challenge Trump's IEEPA Tariffs in Court," April 2, 2025. This post led to the finding of most of our plaintiffs for the eventual case against the "Liberation Day" tariffs, including lead plaintiff VOS Selections, Inc.

"Why Trump's 'Liberation Day' Tariffs are Illegal,"Apr. 3, 2025. In this post, I first outlined the main arguments against the "Liberation Day" tariffs (which were announced by the White House the day before).

"NCLA Files Lawsuit Challenging Trump's IEEPA Tariffs Against China," Apr. 4, 2025. Analysis of a more limited lawsuit challenging Trump's IEEPA tariff.

"Trump Partially Pauses "Liberation Day" Tariffs," Apr. 9, 2025.  Why the partial pause didn't end the tariff threat.

"The Tariff Madness Isn't Over," Apr. 10, 2025.

"Blackfeet Nation Indians File Lawsuit Challenging Trump's Canada Tariffs," Apr. 13, 2025.

"Liberty Justice Center and I File Lawsuit Challenging Trump's 'Liberation Day' Tariffs," Apr. 14, 2025. Post on the day we filed the lawsuit.

"California Files Lawsuit Against Trump's Tariffs," Apr. 16, 2025.

"The Constitutional Case Against Trump's Trade War," Lawfare, Apr. 18, 2025. My most comprehensive statement of the case against the tariffs.

"Twelve States File Lawsuit Challenging Trump's IEEPA Tariffs," Apr. 23, 2025.

"Pacific Legal Foundation Files Case Challenging Trump's IEEPA Tariffs," Apr. 25, 2025.

"How Trump's Tariffs Threaten the Rule of Law," May 2, 2025. I think this is an underappreciated aspect of the tariff issue.

"Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies," May 2, 2025. This is a crucial issue in the major questions aspect of the IEEPA tariff litigation.

"Thoughts on Today's Oral Argument in Our Case Against Trump's IEEPA Tariffs," May 13, 2025. My assessment of the oral argument in our case. I thought the court was skeptical of the administration's assertion of virtually unlimited tariff authority.

"Trump's 'Emergencies' Are Pretexts for Undermining the Constitution," Lawfare, May 15, 2025. This article situates the tariff litigation in the broader context of Trump's abuse of emergency powers.

"Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs," May 24, 2025. The Oregon oral argument also left me feeling optimistic.

"We Won Our Tariff Case!" May 28, 2025. My immediate reaction to the Court of International Trade ruling in our favor.

"Federal Circuit Issues Brief Administrative Stay in Our Tariff Case," May 29, 2025. Why the administrative stay is only a modest, temporary setback.

"Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs," May 29, 2025. Analysis of a district court ruling against the IEEPA tariffs.

"A Victory for the Separation of Powers," The Atlantic, May 30, 2025. My most extensive analysis of the judicial rulings against the IEEPA tariffs, and their broader implications.

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