Does adherence to the separation of powers risk nuclear war? The federal government seems to think so.

Fortunately, the U.S. Court of International Trade last week struck down President Donald Trump’s tariffs as unlawful in companion cases brought by small businesses and 12 states. But the litigation will continue, likely up to the U.S. Supreme Court. So, it is worth briefly dwelling on the government’s argument, which raises the specter of nuclear war.

Recommended Stories

Trump Supreme Court ruling will matter for the Constitution, not tariffs

Supreme Court justices pit president’s economic powers against foreign policy powers in tariffs argument

Don’t abandon the Constitution for the sake of Trump’s tariffs