The New Civil Liberties Alliance (NCLA), a right-wing legal group, filed the first lawsuit against Trump's tariffs, indicating a growing right-wing backlash against them. Other prominent conservatives like Ilya Somin and Ben Shapiro have voiced strong criticism, highlighting the tariffs' negative economic consequences for American consumers.
This right-wing opposition is significant because conservative judges, including those on the Supreme Court, are often influenced by prominent voices within their political sphere. The article draws parallels to the Affordable Care Act challenge, where conservative judges responded to similar pressure from elites.
The article argues that the existing legal precedents, such as the major questions doctrine, may provide strong arguments against the tariffs' legality. However, the Supreme Court's past rulings regarding executive power raise concerns about a potentially biased application of these doctrines. The article highlights the inconsistency of the Court's application of the major questions doctrine in cases involving Democratic and Republican administrations.
The outcome of the challenge depends largely on whether elected Republicans will publicly oppose the tariffs, influencing the Court's decision-making. The author suggests that significant Republican opposition will be crucial in making a successful legal challenge against Trump's tariffs.