Season 6, Episode 6 (Show 267): Tariffs Are A Major Question – Special Guest Vikram Amar

February 27, 2026

The Court strikes down Trump’s Tariffs, and Professor Amar – Vik Amar – helps us explain the important doctrine behind it, and why it is an important Constitutional case.

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

The Court has ruled Trump’s so-called reciprocal tariffs unconstitutional. Vik Amar, who offered important theories that appeared prominently in the opinion, joins us to explain the Major Questions Doctrine, why it applies to this case, and even more importantly, why it attempts to support significant structural features of the Constitution. We pay particular attention to the concurring opinion by Justice Gorsuch, which offers the most in-depth theoretical explanation for this Doctrine and attempts to lay a foundation for its future use. Meanwhile, the significance of the opinion as a rebuke to Trump, and as a reassertion of the Court’s credibility, is also discussed.

(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