There is a practical reason Justice Neil M. Gorsuch did not mention in his forceful case for the sanctity of the legislative process which is timing. Foreign trade in material goods requires months from the initial purchase contract to the final delivery through a border which works well when tariffs are determined through a deliberative legislative process that gives them a permanence that can be worked with versus Trump's mercurial almost daily changes which are a risk that can not be managed

 

In Gorsuch’s Homage to Legislative Power, a Subtle Reproach of a Neutered Congress

In his concurrence to the ruling invalidating President Trump’s tariffs, Justice Neil M. Gorsuch made a forceful case for the sanctity of the legislative process — and an implicit critique of its current dysfunction.

By Catie Edmondson

Reporting from Washington