Season 5, Episode 43 (Show 252): Incidental Trillions

November 12, 2025

We analyze the oral argument in the tariffs case with clips from the argument, and with Akhil’s commentary as he hears them. Part one of two.

CLE Credit Available for this episode from podcast.njsba.com.

The economy, trillions of dollars, and consequences unknown are on the line in the tarrifs case, Learning Resources v. Trump.  We present the justices and the advocates in their own voices from the oral argument, and Akhil reacts in real time as he hears the clips for the first time.  It’s a three hour argument, so this is the first of a two-parter.  The Court’s recent doctrines, including major questions and non-delegation are in play, perhaps, and therefore many are watching this case closely for consistency vs politics in the Court itself.  And of course there’s history and constitutional issues at stake, so we are right at home.  Part one of a two-part episode.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

How to get Continuing Legal Education Credit for listening!

Virtually all lawyers and judges admitted to practice anywhere in the USA can obtain CLE (Continuing Legal Education) credit after listening to this episode by visiting podcast.njsba.com.  You do not have to be a New Jersey lawyer or resident or admitted to the NJ Bar; essentially every state has reciprocity arrangements with New Jersey.  When you visit the site you fill out a form and provide the code Andy read during the episode, pay a small fee, and within two weeks you will receive the certificate from New Jersey.  It couldn’t be easier.  Thanks to the New Jersey Bar Association for making this possible!  Note, too, that other podcast episodes from our “back catalog” now qualify for this credit as well.

Click to go to the website for CLE credit

No Executive Taxation Without Clear Legislative Authorization - SCOTUSblog

The “brothers-in-law” are back, with an article in advance of the oral argument that outlines a number of important theories that wound up featuring prominently in the argument.

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Townshend, Troops, and Tea - excerpt from The Words That Made Us

Tales from the Founding Period bear directly on the tarrifs case, as Professor Amar relates in this excerpt from The Words That Made Us.

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Oral Argument transcript in Learning Resources v. Trump

Three hours of argument on the tarrifs case are transcribed here.  Or you can listen to the podcast and hear the justices and advocates in their own voices, and our analysis!

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