Why Roberts Got It Wrong on Tariffs, Foreign Policy | RealClearPolitics
RealClearPolitics
by John Eastman, The American MindFebruary 24, 2026
AI-Generated Deep Dive Summary
The article "Why Roberts Got It Wrong on Tariffs, Foreign Policy" critiques Justice Neil Gorsuch's dissent in the *United States vs. Argentina* case, where he argued against applying the major questions doctrine to foreign policy decisions involving tariffs. This doctrine typically requires clear congressional authorization for major regulatory actions, but its application to foreign policy is unconventional and potentially problematic. The piece argues that such an approach risks undermining the executive branch's authority in matters of international trade and diplomacy.
The author highlights that the Supreme Court has historically avoided using the major questions doctrine in foreign policy cases because these issues often involve complex geopolitical considerations best left to elected officials. Applying this doctrine, as Gorsuch did, could set a dangerous precedent by limiting the president’s ability to navigate international relations effectively. This would not only weaken U.S. influence abroad but also create legal uncertainty for future trade negotiations and diplomatic strategies.
The article emphasizes that tariffs are a critical tool of foreign policy, historically used to protect national interests and foster international cooperation or conflict. By inserting judicial oversight
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Originally published on RealClearPolitics on 2/24/2026