Justice Kavanaugh said in one of his opinions that the non delegation concerns have less force where Congress is empowering the President in foreign affairs. And Justice Kavanaugh focused on the historical practice, said There's a long tradition of broad delegations over foreign commerce going back to the founding. And he engaged the Solicitor General seriously. He said, that's consistent with cases like Chicago and Southern Airlines and Curtis Wright. I think Kavanaugh is going to be a likely vote to uphold the tariff authority. (24:10–24:17)
CLAIM
Asserts a historical tradition of broad delegations over foreign commerce.
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