Ilya Shapiro

Good to be with you.

And I must say, I agree with everything you said.

And I'm impressed that you digested that opinion almost in live time on air.

It's a convoluted 170 pages.

Yeah, I was surprised by that as well, particularly given his opinions in previous so-called non-delegation cases, the idea, the challenges to expansive grants of power, where he has been on the side of, no, Congress can't pass that along, whether in high-profile cases or low-profile cases, politically salient or not.

So this very much cuts against his normal grain.

Kavanaugh, I was less surprised about because he's always been for executive power, working in the Bush White House, et cetera, and sort of makes carve outs for foreign affairs and certain other things.

That was understandable, very kind of a technocratic ruling, to which Roberts replies that there's no foreign affairs exception to major questions.

But you're right, Thomas is a head scratcher.

And of course, Alito did not write separately.

He joined Kavanaugh's opinion, not Thomas's.

Well, I'm not surprised the Supreme Court didn't rule on that because it is complicated.

It wasn't briefed.

It wasn't presented or ruled upon by the lower courts.

This all now goes back to the lower courts where if someone seeks a refund, there might be multiple mechanisms.

We don't know.

Terrorists of this scale have never been

rejected before but whether it's in the court of federal claims federal district court some sort of trade mechanism uh through uh obscure administrative offices i'm not even fully aware of because i'm not a trade lawyer um that is you know this is a full employment act for trade lawyers still uh to figure uh all of that out and those questions may eventually get the supreme court although i doubt it i think they're going to be some some you know very technical rulings uh coming down below

So the big question here- The practicality though, Kavanaugh, I think a majority will agree with Kavanaugh, does agree with Kavanaugh that there are other methods of putting in other kinds of tariffs.

Roberts's majority opinion is very narrow in that sense.