Author Archives: Stuart Malawer

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About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (Schar School of Public Policy).

S. Ct. Oral Arguments in Trump’s Tariff Case — Initial Review — Not Good for Trump & What About the Chief Justice?

          The oral arguments did not go well for Trump. He continues afterwards trying to intimidate the court. To me, the role of Chief Justice Roberts in handling this case will have immense impact on its … Continue reading

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One Day Before the Oral Arguments — The Supreme Court and the Trump Tariff Cases — Some Thoughts.

     What about the Iranian Hostage Case (Dames & Moore)?  What about two major Supreme Court doctrines (Major Question Doctrine and Non-delegation Doctrine), and presidential foreign policy – national security powers?  These are among issues that the Supreme Court … Continue reading

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The Tariff Case and the Supreme Court — What are the Legal Issues? Will Trump and Chaos Prevail?

     We have a range of legal issues concerning the Trump’s tariff case before the Supreme Court. For example, separation of powers and the ‘major question doctrine. But the one primary issue that is on everyone’s mind is without … Continue reading

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Supreme Court and Trump’s Tariffs — Will it Stop Them?

     The oral arguments before the Supreme Court in the IEEPA case concerning Trump’s reciprocal tariffs will be heard shortly (November 5th). It involves a host of issues: whether the use of tariffs is authorized by any interpretation of … Continue reading

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Courts, Congress and Trump — From Illegal Tariff Actions to Bombing Boats on the High Seas — Will the Courts Stop Him?

       It’s becoming clearer that it is the courts, not Congress, that is the best chance of reining in Trump’s excessive power grab — from illegal tariff actions to bombing boats on the high seas. Violating domestic law … Continue reading

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Trump’s Tariffs & Threats — Will Courts Stop Him?

                           As China imposes even stricter controls over export of rare-earth minerals, new fees on U.S. ships using Chinese ports, newer antitrust investigations of U.S. firms, newer sanctions … Continue reading

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Farmers Going Bankrupt Because of Trump’s Tariffs — Why Do They Continue to Support Him? — Cultural Concerns Over Economic Interests?

    The American farmer is facing the greatest harm in the U.S. economy because of Tramp’s Tariffs and China’s retaliatory actions. The questi0n is — Why on earth do farmers continue to support the president? Is this placing cultural … Continue reading

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More on Trump Tariffs — This Time It’s Section 232 National Security — Spurious Claims?

 The Trump administration has issued new tariffs based on Section 232 (National Security) as legal rationale and authorization. (This fucuses on specific sectors rather than specific countries.) This is an obvious attempt to get around the legal challenges to his … Continue reading

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More Trump Tariffs — This Time Section 232 National Security — Really?

       The Trump administration has issued new tariffs based on Section 232 (National Security) as legal rationale and authorization. (This fucuses on specific sectors rather than specific countries.) This is an obvious attempt to get around the legal … Continue reading

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Virginia Governors ……. Mostly Outstanding.

     I’ve worked with many Virginia governors since I moved to Virginia with my family, in 1977, to join the Law School and then the Public Policy faculty at George Mason University. Went on trade missions, worked on campaigns, … Continue reading

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