On May 28, the US Court of International Trade struck down much of President Trump’s so-called “Liberation Day” campaign of massive tariffs, in a unanimous ruling from a three-judge panel consisting of judges appointed by Reagan, Trump, and Obama. The court found that the policy was unconstitutional on the grounds that tariff authority is vested in Congress, not the president, and furthermore that the statutory “emergency” powers did not authorize the spurious emergency declaration used as the basis of the tariffs.
Among the law professionals working on the case was law professor Ilya Somin of George Mason University, a longtime friend and support recipient of the Institute for Humane Studies. Somin wrote about the victory at The Volokh Conspiracy, the influential legal blog where he is a regular contributor.
Somin helped outline a case against the tariffs in classically liberal constitutionalist terms, using legal doctrines often viewed skeptically by progressives. But by taking the ideas seriously and applying them to a Republican administration’s policies, a major success was made possible. As Somin explains, the “nondelegation and major questions [doctrines] were crucial elements of our case against the tariffs, and I am happy to see they played a role in the decision.”
Somin first attended an IHS summer seminar in 1995 while he was a graduate student pursuing a master’s degree in political science at Harvard, and the relationship continued through his graduation from Yale Law School in 2001 and joining George Mason University as a law professor in 2003. He has since become one of the leading public intellectuals advocating for a firmly classical liberal interpretation of constitutional law, distinct from both the progressive left and conservative right.
Since attending his first IHS seminar, Somin has received three Humane Studies Fellowships, furthered his work with Hayek Fund grants, and spoken numerous times at IHS events. His impact is a testimony to the kind of support IHS provides to scholars throughout their career, elevating the principles of liberty in both the academy and real-world practice. And in instances like this, IHS-supported scholars are bridging the political divide to deliver victories for free markets, the rule of law, and constitutionally limited government.
Congratulations to Somin on this important win.
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