Last updated Nov 29, 2025
Sacks @ 00:41:44Inconclusive
politicsgovernment
If Trump wins the pending Supreme Court case on tariff authority, his administration will attempt within his current term (ending January 20, 2029) to get Congress to codify key elements of his tariff policy into statute.
So yeah, it may make sense after the administration hopefully wins its case to seek to codify these things into law. We have a few years to do that, but I don't think it makes sense to wait for Congress to act because they may never act.View on YouTube
Explanation

As of November 30, 2025, the Supreme Court has not yet decided the consolidated tariff-authority case (Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc., docket 24-1287 and 25-250). The Court accepted the case on September 9, 2025 and heard oral argument on November 5, 2025, but has not issued an opinion; coverage notes that a decision is expected by the end of the Court’s term in mid‑2026, not yet reached.

  • The Learning Resources / V.O.S. Selections case is still pending at the Supreme Court; the questions presented concern whether IEEPA authorizes Trump’s tariffs and, if so, whether that statute is an unconstitutional delegation of legislative power. No decision is listed yet in the Court’s 2025 term entry for the case. (en.wikipedia.org)
  • Reporting on the November 2025 oral arguments emphasizes that the justices have not ruled and that a decision is expected by summer 2026 / July 2026. (theguardian.com)

Sacks’s prediction is explicitly conditional: if Trump wins this pending Supreme Court case on tariff authority, then his administration will during this term (through January 20, 2029) seek to have Congress codify key parts of his tariff policy into statute. As of now:

  1. The condition (“Trump wins the pending Supreme Court case”) has not yet been met or falsified, because the Court has not ruled.
  2. Even if Trump eventually wins, the time window for the administration to try to get Congress to codify the tariffs runs until January 20, 2029, which is still more than three years away.

Because neither the legal predicate nor the time horizon has resolved yet, there is not enough information to say whether the prediction will ultimately be right or wrong. Hence the status is inconclusive (too early to tell).