I’m not disappointed in the Supreme Court’s decision to strike down Trump’s preposterous and destructive trade taxes. That was the right decision and I want to call it a libertarian legal victory.
But I’m not as happy as I would like to be because the decision was driven in part by empty politics rather than principled jurisprudence.
Here are three tweets that illustrate my sentiments. We’ll start this gem from Joe Bishop-Henchman of the National Taxpayers Union, who channels Justice Gorsuch about the hypocrisy of six other members of the Supreme Court.

Next, Professor Bryan Caplan of George Mason University makes a similar observation about Justices being partisan rather than principled.

Last but not least, Matt Lewis specifically dings the three dissenting Justices for the obvious reason that they surely voted the right way if the case involved arbitrary trade taxes imposed by a Democratic president.

I’ll close by expressing my personal disappointment about Clarence Thomas, who at one point was my favorite Justice.
I’m not naive, or at least not hopelessly naive, so I understand that politics plays a role in just about everything in Washington. But on such a major issue, I had hoped Justice Thomas would do the right thing.
P.S. At least Thomas was not the deciding vote in a one-vote loss, so I suppose he can be forgiven. Unlike another Justice in a case back in 2015.

