How the SCOTUS Tariff Decision Helps Slow the Advance of Authoritarianism
The Ayn Rand Institute Podcast
February 27, 20261h 12m
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Show Notes
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