Justice Gorsuch Questions Trump DOJ Lawyer on Tariffs and Case Law

Gorsuch's Skepticism on Dames and Moore

• 📌 Justice Gorsuch expressed surprise at the repeated use of the Dames and Moore case, highlighting that the Supreme Court explicitly stated it was a narrow decision with little precedential value.
• 💡 Gorsuch quoted the court's own words emphasizing the decision's limited scope and confinement to the specific questions necessary for its resolution.
• ⚠️ He pointed out that the issue in Dames and Moore involved a different provision of AIPA and did not concern tariffs, questioning its applicability.

Solicitor General's Defense

• 🎯 The Solicitor General acknowledged Dames and Moore as a narrow opinion but argued that its interpretive principles are applicable to the current case.
• 🗣️ He stated that the case addressed the power to nullify and void, which, like the power to regulate, is described in sweeping, unqualified language within the statute.
• ⚖️ The defense contended that these broad verbs place the President in Youngstown's Zone One, receiving the widest latitude and strongest presumption of validity.