Legal problems with USTR’s proposed tariffs start with the statute itself.
Section 301 authorizes USTR to investigate foreign trade practices and to impose tariffs if a foreign government violates the terms of a U.S. trade deal or engages in an “unjustifiable” or “unreasonable or discriminatory” trade practice that adversely impacts the U.S. economy. Specifically, Section 301(b), the provision USTR is relying on for the new tariffs, provides that if USTR conducts an investigation and finds that “an act, policy, or practice of a foreign country is unreasonable or discriminatory and burdens or restricts United States commerce,” USTR “shall take all appropriate and feasible action authorized under subsection (c)…and all other appropriate and feasible action within the power of the…to obtain the elimination of that act, policy, or practice.” (19 U.S.C. § 2411(b)). Subsection (c) then authorizes USTR to impose “duties or other import restrictions on the goods of…such foreign country for such time as the Trade Representative determines appropriate.”
Although the Supreme Court has never weighed in on Section 301, lower courts have, and held that USTR actions pursuant to Section 301 are subject to judicial review pursuant to the Administrative Procedure Act (APA). Simply put, USTR’s new proposed tariffs do not comport with the requirements of 301.
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Trump campaigned on tariffs and his win in 2024 gives him the moral and political authority to raise tariffs within the bounds of the law. A single electoral win, however, does not empower a President to upend the Constitution’s separation of powers or usurp Congress’s authority over trade. Potential challengers to Trump’s new Section 301 tariffs have strong arguments on their side, and the courts should continue to insist that Trump follow the law when he imposes tariffs, rather than rewrite them without Congress’s approval.
Lant Pritchett of the London School of Economics and Addison Lewis of Brigham Young University have released a paper with a deceptively simple title: “Economic Growth Is Enough and Only Economic Growth Is Enough.“
Their target is a claim that has become fashionable in development economics: that growth is not sufficient to improve human wellbeing, that targeted programs and redistribution are “equally important,” and that poor countries should worry as much about the distribution of income as its growth. To this effect, Pritchett and Lewis cite a bunch of examples. The executive director of J-PAL, one of the most influential development research organizations in the world, put it baldly in a 2021 op-ed: “growth is not enough.” Yale’s Rohini Pande, director of the Economic Growth Center, wrote that growth “will not be sufficient to eradicate extreme poverty.”
This phenomenon, taken to its extreme, is what Piketty and his friends express when they argue against growth.
In that paper, Pritchett and Lewis set the record straight. They aim to prove something stronger about growth than a mere correlation: namely, that every general, plausible, cross-national measure of the basics of human material wellbeing has a strong, non-linear, statistically robust relationship with GDP per capita.
“Basics” here means what you’d expect: things like child mortality, nutrition, access to clean water and sanitation, shelter, primary and secondary schooling, and life expectancy. The floor of what a decent human life requires.
They construct multiple measures of the basics using entirely different methods, then compare them to GDP per capita. They also run three deliberate “data undermining” exercises to search specifically for indicators and weights that minimize their relationship to GDP per capita, to find the weakest possible result.
What they find is that regardless of how you measure the basics of human wellbeing (the Legatum Prosperity Index, the Social Progress Imperative’s Basic Human Needs index, the Oxford Multidimensional Poverty Index, or headcount poverty rates), the relationship with GDP per capita has four features that hold across every specification.
Ernie Tedeschi tweets: (HT Scott Lincicome)
Rising real net worth for people over their lifetime is par for the course. The typical Baby Boomer is indeed doing better than prior generations at the same age.
But, so too is the typical Millennial and Gen-Xer.
When National Economic Council Director Kevin Hassett called for an “FDA for AI” that would formally license frontier AI models, we warned against such an approach. The Trump administration subsequently walked back those comments. Yet, the U.S. may be on the road to something far worse.
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This latest USG action signals a change. It significantly escalates the centralization of control over advanced computation in our country. Like a recent Executive Order, the new export control demonstrates the rise of national security interests in regulating AI. Increasingly, the administration is treating AI like a weapon.
Various experts have questioned how the new “arbitrary, post-hoc system” of model-specific export controls blocking foreign nationals would even work. Anthropic chose the seeming only route to compliance by shutting down everyone’s access – and that may have been the government’s goal. Others have highlighted the important First Amendment concerns raised by these export controls, characterizing them as “a prior restraint on expression justified by speculative risk.”
It’s easy to be cynical about this story. No firm has done more to whip up a panic about frontier model capabilities than Anthropic. As former White House AI czar David Sacks has interpreted it, “Anthropic is running a sophisticated regulatory capture strategy based on fear-mongering. It is principally responsible for the state regulatory frenzy that is damaging the startup ecosystem.” In fact, just days before all this went down, Anthropic posted a new call for governments “to block or deter the deployment of models that pose a significant risk of catastrophic harm.”
Also warning of the dangers of the Trump administration’s latest move on AI is Kevin Frazier.
Jason Willick documents the late historian Gordon Wood’s influence on the U.S. Supreme Court. A slice:
Chief Justice John G. Roberts Jr.’s most significant opinion citing the historian is Moore v. Harper (2023) about how much leeway state legislatures have to set the rules of their elections. Progressives and the press feared the justices would unleash (presumably Republican) state legislatures to make partisan mischief, but Roberts wrote for a 6-3 majority that state courts could check the elected representatives.
After all, state courts after the American Revolution had to “impose restraints on what the legislatures were enacting as law,” as the chief justice quoted Wood. “Creation” shows how the founding generation blanched first at British royal authority in the 1770s, and then at the runaway state legislatures that came after American independence in the 1780s. That helps explain why Wood’s work might appeal to judges: The historian cast the Constitution as a bulwark against executive and legislative tyranny, and the courts at their best can restrain both.
In Philadelphia 250 years ago, Thomas Jefferson was commencing work on a writing assignment in the upstairs of a house at what is now Market and South 7th streets. A couple of hundred miles to the south, on this day in 1776 Jefferson’s patriotic pals approved a helpful first draft: the Virginia Declaration of Rights. There was one pal in particular, George Mason, who served as the lead author.
Speaking of Jefferson and the Declaration, here’s Michael Gibson:
Even before Jefferson drafted the Declaration, abolitionist action was under way. In 1775, American Quakers formed the first antislavery society in the Western world. Rhode Island and Connecticut freed any slave imported into their territory. Pennsylvania taxed the slave trade out of existence and abolished slavery in 1780; Vermont did so in 1777. The First Continental Congress banned the slave trade in 1774, though the issue later reverted to the states. In the 1780s, enslaved people in Massachusetts won their freedom by arguing before the state’s highest court that slavery violated their rights as free and equal men.
True, nationwide emancipation would not come for nearly another century, and only at immense cost and tragedy. The setbacks were many and horrific. Yet it must also be acknowledged that slavery’s eventual dismantling began only because the philosophy of the American Revolution contained the seeds of its destruction. The Declaration was foundational.
Megan McArdle – reflecting on the primary victories of the execrable Ken Paxton in Texas and the execrable Graham Platner in Maine – writes wisely about politics and principles. Here’s her conclusion:
What’s that, you say? Politics ain’t beanbag?
Republicans have been saying so for 10 years and it’s gotten them only grief. Many have kept their jobs, but at great cost. They’ve been left with a badly weakened party that will either struggle to win elections or need to rebuild itself as something other than a cult of personality. Their jobs now mostly consist of explaining the inexplicable and defending the indefensible.
It’s a pity to sell your soul for power. It’s an embarrassment to sell it for nothing.


His [Hutt’s] criticisms of strike-threats were grounded in his conviction that it was impossible to transfer wealth and income from capitalists as a class to workers as a class for several reasons. First, workers who saved and invested were themselves capitalists. Second, any gains workers enjoyed from the strike-threat system came at the expense of other workers who were shut out of the market and consumers who were paying higher prices. Throughout [Hutt’s 1973 book] The Strike-Threat System, he argued that the system’s apologists failed to answer the important ethical question about why one class (investors) should be expropriated for the benefit of another class (workers), noting further that “the easy assumption that investors are rich and workers poor is rather dubious today.” With so many Americans owning the means of production through pension funds and retirement accounts, it is even less clear in the twenty-first century.
Collectivism is indifferent to all elements of our freedom and the enemy of some.
Mr. Trump also repeatedly words his policy as “slapping tariffs on China” and others that export to America, but of course it’s Americans – importing households and firms – who pay his tariffs. In this way, Mr. Trump is a tax-hiker.
