Justice Clarence Thomas argued Congress could hand over its power to the president

Retired Judge Thomas G. Moukawsher warned that Supreme Court Justice Clarence Thomas broke from all his colleagues by arguing Congress can constitutionally delegate virtually all its powers to the president. Writing in Newsweek, Moukawsher expressed alarm at Thomas's position, which emerged during the Court's 6-3 tariff ruling against Trump, in which Thomas dissented. The majority, led by Chief Justice John Roberts, rejected Trump's claim to unilaterally impose tariffs without Congressional authorization. Moukawsher criticized the 164-page decision for not directly addressing whether Congress could constitutionally allow "presidential dictatorship." He emphasized that such delegation would "effectively eliminate Congress and undermine democracy itself." Justice Neil Gorsuch came closest to addressing the danger, asserting that legislative consensus produces wiser taxation policy than individual presidential judgment. Moukawsher expressed relief that Thomas stood alone in his extreme position.

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