US Supreme Court citation

Professor TT Arvind's research was cited by the US Supreme Court in Learning Resources Inc v Trump in support of its ruling striking down Donald Trump's tariffs.

A key question which Gorsuch J (concurring) considered was how courts should approach claims by executive officials (including the President) that a statute had conferred them with extraordinary powers.  Gorsuch J held that claims of extraordinary power would only be upheld if there was clear authority for that power.  He relied on two articles by Professor Arvind (co-authored with Professor Christian Burset, Notre Dame Law School), showing that this approach was widely held among 18th century common lawyers and, thus, was likely to have been part of how the framers of the US Constitution thought about power.