Yes, both Alan Dershowitz and Jonathan Turley have commented on the U.S. Court of International Trade's ruling that some of President Donald Trump's tariff proposals were unconstitutional.
Alan Dershowitz's Comments: a Harvard Law professor, criticized Democratic state attorneys general for suing the Trump administration over its tariff agenda, arguing that their legal challenge was weak. In an appearance on Newsmax’s “The Record with Greta Van Susteren” on April 24, 2025, he stated that the plaintiffs, led by New York Attorney General Letitia James, lacked the necessary legal standing under Article III of the Constitution, which requires actual cases and controversies. He argued that tariffs inherently benefit some and harm others, and economic disruption alone does not grant standing. Dershowitz called the lawsuit “so far-fetched” that it bordered on laughable, suggesting that only specific individuals directly harmed by the tariffs (e.g., someone unable to sell products competitively) might have standing, but even then, the case was a stretch. He noted Trump’s campaign promises to impose tariffs, implying electoral support bolstered their legitimacy.
Jonathan Turley’s Comments: Jonathan Turley, a George Washington University law professor, discussed the legal battle over Trump’s tariffs on Fox News’ “The Ingraham Angle.” On May 29, 2025, following the U.S. Court of International Trade’s ruling that Trump overstepped his authority under the International Emergency Economic Powers Act (IEEPA), Turley commented on the broader implications. He highlighted the ruling as a significant setback for Trump’s trade policy, noting that the court found the tariffs unconstitutional due to an improper delegation of legislative power. Turley also referenced Trump’s social media response on Truth Social, where the former president criticized the court’s decision and expressed hope for a Supreme Court reversal. Turley’s analysis focused on the legal and constitutional arguments, particularly the nondelegation and major questions doctrines, which the court used to argue that unlimited tariff authority would be an improper abdication of Congress’s power.
Both scholars engaged with the constitutional dimensions of the ruling, with Dershowitz focusing on the issue of standing and dismissing the plaintiffs’ case, while Turley emphasized the court’s reasoning and its potential impact on Trump’s trade agenda.