In this episode of Bad News, Good Lawyers, host Tom Firestone sits down with Keith Bradley, former Supreme Court clerk and co-chair of SPB’s Appellate & Supreme Court Practice, for an in-depth look at the Supreme Court’s recent ruling in Learning Resources, Inc. v. Trump, widely known as the IEEPA decision. Bradley walks listeners through the key legal issues at play, beginning with the unusual alignment of three conservative justices and three liberal justices—a configuration that raises questions about whether the Court may be entering a period of shifting coalitions.
Bradley also explains why, under the Court’s reasoning, the statutory authority to impose an embargo does not include the authority to impose tariffs, a distinction that carries important implications for executive power. He discusses how the ruling affects the government’s approach to secondary tariffs, such as those previously directed at India over purchases of Russian oil, and clarifies the role the Major Questions doctrine played in shaping the Court’s decision.
The conversation further explores the feasibility of the administration’s plan to rely on the Trade Act of 1974 to reinstate tariffs, and offers insight into what the decision may mean for companies seeking refunds of tariffs now deemed unlawful, highlighting the practical consequences.