Thomas joined fully with Kavanaugh’s dissent. He wrote separately to articulate his view of the scope of non-delegation doctrine. He pointed out tariffs and taxes are different, in that tariffs implicate international relations, which is primarily within the province of the president. His analysis is extremely cogent. I was actually talking with my wife (we’re both Fed Soc people) that the administration should have pushed that angle much harder in the argument.

Did you read the Federal Circuit en banc decision? You don’t get two Obama appointees to vote in favor of the Trump’s administrations unprecedented tariffs when the legal issue “isn’t close.”

And, surely you understand that many see using the due process clause to make his argument was a stretch. Just saying "his analysis is extremely cogent" doesn't make it so.