Many prominent legal scholars and former government officials across the political spectrum have supported the lawsuit challenging Trump's "Liberation Day" tariffs brought by the Liberty Justice Center and myself, and backed the recent US Court of International Trade decision in our favor. But the ruling does have its critics, and one of the most prominent is Harvard law Prof. Jack Goldsmith. He doesn't quite conclude the ruling is wrong. But he clearly has serious reservations about it, outlined in a notable article on the Executive Functions substack, where he also criticizes the recent US District Court of DC (DDC) ruling against the tariffs . In this post, I explain why those reservations are generally misplaced.

As the CIT opinion emphasized, the key factor behind the decision was th

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