A veteran court watcher warned on Wednesday that the Supreme Court is about to “gravely disappoint” Americans.
Former Solicitor General of the United States Donald B. Verrilli Jr. discussed the Supreme Court’s recent ruling in the tariffs case on a new episode of the “Amicus” podcast with Dahlia Lithwick. He argued that the case provided temporary relief for those concerned that the court was about to sign away a wholesale transfer of power from Congress to the presidency. Even so, there are still some outstanding issues that should give Americans reasons for concern, he argued.
“If you actually think about it, what Justice Amy Coney Barrett said, what Justice Neil Gorsuch said, what Justice Elena Kagan said in her concurrence, and what the chief justice said? There was a common core to it, which was: ‘Use your common sense, man,’” Verrilli Jr. said.
In late February, the Supreme Court ruled that President Donald Trump’s tariff regime was unconstitutional because it was not approved by Congress. Courts are now wrestling with the question of how to return the tariffs that were collected to the businesses that paid them.
While that case was a brief win, Verilli Jr. noted that there are still many cases concerning presidential power that are being decided by unsigned opinions — also known as the shadow docket — which he described as “quite distressing.”
“Nevertheless, I look at the course of our history, and I feel that there’s reason to keep the faith,” Verilli Jr. said.
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