The Major Questions Doctrine, the Tariffs Case, and the Civil Service: A Conversation with Professor Peter M. Shane  episode artwork

EPISODE · Apr 21, 2026 · 1H 4M

The Major Questions Doctrine, the Tariffs Case, and the Civil Service: A Conversation with Professor Peter M. Shane

from Touro Law Review Podcast · host Touro Law Review

The Supreme Court’s decision this year in the tariffs case, Learning Resources, Inc. v. Trump, involved an important test of the scope of the President’s power. Professor Peter Shane discusses the Court’s ruling setting aside President Donald Trump’s tariffs under the International Emergency Economic Powers Act (IEEPA) by a six-three vote. Significantly, Professor Shane explains, the Court engaged in an extensive debate over the application of the major questions doctrine (MQD). Under the MQD, as Professor Shane has written, government officials who undertake novel, “unheralded” administrative initiatives of unusual economic and political significance must be able to cite statutes that authorize their initiatives “clearly.” In Learning Resources, three justices in the majority said the MQD applies and supports ruling against the President andthree said the MQD was not needed for such a ruling. Ultimately, seven justices wrote opinions in the case, and much of the discussion was about the MQD. The conversation then turns to an article Professor Shane recently wrote in the Washington Monthly about how the Supreme Court’s decision in Learning Resources could be applied to a legal challenge to a recent change in civil service rules by the Office of Personnel Management (OPM) that could enable the at-will firing of any government career professional whose work affects government policymaking. (See How the Supreme Court’s TariffRuling Could Save the Civil Service | Washington Monthly.) It’s an intriguing suggestion, and the discussion concludes with Professor Shane explaining how the Court could rule in such a case.        

Episode metadata supplied by the publisher feed · Published Apr 21, 2026

Embed this episode

Ready to play

The Major Questions Doctrine, the Tariffs Case, and the Civil Service: A Conversation with Professor Peter M. Shane

0:00 1:04:48

No transcript for this episode yet

We transcribe on demand. Request one and we'll notify you when it's ready — usually under 10 minutes.

No similar episodes found.

Frequently Asked Questions

How long is this episode of Touro Law Review Podcast?

This episode is 1 hour and 4 minutes long.

When was this Touro Law Review Podcast episode published?

This episode was published on April 21, 2026.

Can I download this Touro Law Review Podcast episode?

Yes. Use the download control on the episode player to save the publisher-provided media file.
URL copied to clipboard!