Constitutional Arbitrage: How Losing in Court Became a Governing Strategy

Friday morning, the Supreme Court struck down the president's tariffs in a 6-3 ruling. Roberts wrote the opinion. Gorsuch and Barrett joined.

This isn't defiance. It's something more dangerous.

655 lawsuits filed against the administration. 217 plaintiff wins. And an agenda that continues largely unimpeded.

I gave this strategy a name: constitutional arbitrage. It's how you hollow out judicial authority without ever crossing the line into outright defiance.