Re:US Trade Court Finds Trump Tariffs Illegal
by rayiner on Thursday May 29, 2025 @05:07AM
(#44124278)
I don’t think even rational basis review applies here, because there’s no constitutional right or due process issue. Courts simply don’t get to supervise this particular arrangement on the substance.
It's unclear to me if you think this is just a true statement of how Executive power works, or if you are arguing that the correct standard of review for a very restricted legislative delegation of authority is rational basis scrutiny.