Tariff Tag

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Posted 20 Mar 2026 in Case Notes, Commentary Written by: Amanda Karras

The Supreme Court held today in Olivier v. City of Brandon that Heck v. Humphrey does not bar a §1983 suit seeking purely prospective relief.  This was the case involving the street preacher who had been convicted of violating the City’s ordinance restricting expressive activity near the public amphitheater (the restriction applied in a content neutral manner).  Olivier wanted to return to the venue to continue to preach after his conviction, but without the threat of criminal punishment so he...

Posted 25 Feb 2026 in Case Notes, Commentary Written by: Amanda Karras

In a fractured 6-3 decision authored by Chief Justice Roberts, the Supreme Court held that the President does not have the power to impose tariffs under the International Emergency Economic Powers Act (IEEPA).  Six Justices agreed that the statute’s text does not authorize the President’s tariffs, but only three (the Chief Justice and Justices Gorsuch and Barrett) would have also concluded that the major questions doctrine would also invalidate the tariffs. IEEPA was enacted in 1977 and provides the President with...