Summary:
The Supreme Court will hear oral argument on November 5 in two cases involving challenges to President Donald J. Trump’s tariffs imposed pursuant to the International Emergency Economic Powers Act (IEEPA). Professor Susan Morse discusses the legal issues raised by the cases and how the Court may address them. Ultimately, Morse concludes, the safest (and perhaps most likely) path for the Court may be to decide the case as a matter of “ordinary” statutory construction without resorting to either the major questions doctrine or the nondelegation doctrine.
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Learn More about Susan Morse:
Susan Morse is the Associate Dean of Academic Affairs and the Mark G. and Judy G. Yudof Chair in Law as the University of Texas at Austin School of Law. Along with Professors Shu-Yi Oei and Diane M. Ring, Professor Morse is co-author of “The Origination Clause and the President’s Tariffs,” forthcoming in the Washington University Law Review, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5632071
Professor Morse teaches tax classes and 1L Property. She also originated and teaches the “Financial Methods for Lawyers” class at Texas Law and won the Women’s Law Caucus Teacher of the Year award in 2016, 2020, and 2024. Professor Morse writes about tax, administrative law, and regulatory design, is a regent of the American College of Tax Counsel and a member of the board of the Tax Law Center, and co-edits the tax section at JOTWELL.com.
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