Dodging a Constitutional Iceberg

Armchair Attorney® Podcast · Feb 23, 2026 · 7m

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…