It looks more than likely that the court will take away one of Trump’s favorite toys, a move he claims will “destroy” the country. AdvertisementSuch a decision would mark the clearest case of the court breaking with Trump since he won back the White House in the 2024 election. AdvertisementThis fear of presidential meddling in the economy dovetails with the second reason the court may finally check Trump. The major questions doctrine was developed by the conservative justices during the Biden administration to state that Congress cannot delegate policy decisions to the executive branch on major questions of economic or political significance without explicit language authorizing those specific policies. By using the major questions doctrine to strike down Trump’s favorite tariff tool, the conservatives could be seeking to show that the major questions doctrine isn’t just a one-way legal mechanism.
