Lawfare Daily: The Tariffs Decision and What Comes Next

Scott Anderson; Kathleen Claussen; Peter Harrell; Marty Lederman

Courts & Litigation Executive Branch

Lawfare Daily: The Tariffs Decision and What Comes Next

Scott R. Anderson, Kathleen Claussen, Peter E. Harrell, Marty Lederman

Wednesday, March 4, 2026, 7:00 AM

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Breaking down the Supreme Court's decision invalidating President Trump's IEEPA tariffs.

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For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with three leading scholars from the Georgetown University Law Center—Professor Kathleen Claussen, Professor Marty Lederman, and Visiting Scholar Peter Harrell of the Institute of International Economic Law—to talk through the Supreme Court’s groundbreaking opinion in Learning Resources, Inc v. Trump, which invalidated the array of global tariffs that the Trump administration had imposed using the International Emergency Economic Powers Act (IEEPA).

Together, Scott and his guests break down the Court’s opinion, weigh what it might mean for the Major Questions Doctrine and foreign relations law, and look ahead to the legal fights to come over the other tariff authorities the Trump administration is now using to pursue its agenda.

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Scott R. Anderson

S_R_Anders

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Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.

Kathleen Claussen

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Kathleen Claussen is Professor of Law at Georgetown University Law Center. Prior to joining academia, she was Associate General Counsel at the Office of the U.S. Trade Representative. She was previously Legal Counsel at the Permanent Court of Arbitration in The Hague. Professor Claussen’s primary teaching areas and research interests include: international economic law, dispute settlement & procedure, and international security and cybersecurity issues. Her work has been published in the Yale Law Journal, the Yale Journal of International Law, the American Journal of International Law Unbound, among others.

Peter E. Harrell

Peter E. Harrell is a Visiting Scholar at Georgetown’s Institute for International Economic law and an attorney in private practice. His scholarly research focuses on the intersection of international economics and U.S. national security. Harrell previously served at the White House in 2021-2022.