A Major Defeat for the Legal Attack on Tariffs
The Supreme Court’s decision on Friday in FCC v. Consumers’ Research didn’t just preserve a telecom subsidy—it delivered a serious setback to efforts to dismantle President Trump’s trade agenda. In a 6–3 opinion written by Justice Elena Kagan, the Court rejected the claim that the Universal Service Fund’s contribution mechanism violates the Constitution’s nondelegation doctrine.
While the case concerned broadband access and carrier surcharges, its legal consequences reach deep into the heart of tariff policy . The Court’s reasoning, especially on revenue-related delegation, directly undermines the…
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