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EPISODE · Feb 23, 2026 · 7 MIN

Dodging a Constitutional Iceberg

from Armchair Attorney® Podcast · host Matthew Leffler

We're less than a week out from the Learning Resources case. No surprise, I'm still collecting my thoughts. At issue were the reciprocal tariffs used under IEEPA, or, put another way, the "gradual but continual accretion of power in the executive branch & away from the people's representatives." In this video, I take an excerpt from the oral arguments between Justice Gorsuch & Solicitor General Sauer where we first heard of the "one-way ratchet." We then look at Justice Gorsuch's closing paragraph in his concurring opinion. Spoiler: it's a message for you. And you won't want to miss it.This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency.This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

Episode metadata supplied by the publisher feed · Published Feb 23, 2026

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We're less than a week out from the Learning Resources case. No surprise, I'm still collecting my thoughts. At issue were the reciprocal tariffs used under IEEPA, or, put another way, the "gradual but continual accretion of power in the executive branch & away from the people's representatives." In this video, I take an excerpt from the oral arguments between Justice Gorsuch & Solicitor General Sauer where we first heard of the "one-way ratchet." We then look at Justice Gorsuch...

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Dodging a Constitutional Iceberg

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