How the SCOTUS Tariff Decision Helps Slow the Advance of Authoritarianism

February 27
1h 12m

Episode Description

https://www.youtube.com/watch?v=bmnux6MriXE




Podcast audio:







In this episode of the Ayn Rand Institute podcast, Onkar Ghate and Ben Bayer discuss the recent decision in Learning Resources Inc. v. Trump, striking down the President’s expansive “Liberation Day” tariffs.  




The majority’s reasoning



The major questions doctrine



Statutory interpretation and legislative intent



The dissent’s plausibility



The separation of powers



A stopgap against eroding separation of powers



Scrutinizing deprivation of economic liberty, property



Emergency powers




Resources: 




Ben Bayer, “Ayn Rand on Free Trade, the 'Essence of Capitalism’s Foreign Policy'”



Ben Bayer, “The Constitutionally Dubious Law Empowering Trump’s ‘Emergency’ Tariff Authority”



Ben Bayer, “The Lawyers Defending Trump’s Tariffs Know They’re Un-American. Here’s How We Can Tell”




This episode was recorded on February 25, 2026.



Image credit: Brendan SMIALOWSKI / AFP / via Getty Images
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