Black Bookstore Owners, Government Spies, and Murder

posted in: All news | 0

Texas has grown a bumper crop of book authors and, with that, an ever-expanding list of literary festivals. San Antonio’s sprawls around its towering tomato-red public library every spring. Lubbock daringly throws its in sweaty August, while Boerne awaits the arrival of typically more bearable October weather. Then there’s the biggest of them all: the Texas Book Festival, which will gather some 250 authors in early November and erect a bibliophilic tent city out front of the state Capitol, perhaps ironically the launching pad of myriad political attacks on supposedly intolerable tomes and sinful librarians.

This year’s Austin fest includes a suite of authors whose work the Texas Observer has covered: Steve Harrigan, with Sorrowful Mysteries, his haunting “sideways memoir”  meditation on Portuguese child mystics;Jim Harrington, who recently penned his account of building the Texas Civil Rights Project; and my own true Texas horror story, The Scientist and the Serial Killer.

The festival lineup adds plenty more to Texans’ 2025 must-read lists. Here are three featured nonfiction tales by Texas authors filled with intrigue, espionage, and previously untold backstories.

Black-Owned: The Revolutionary Life of the Black Bookstore by Char Adams. Tiny Reparations Books. November 2025

Char Adams, until recently an NBC News correspondent in Dallas, has a background in edgy contemporary features: She previously worked for People magazine. But her first book takes a historical turn. It’s a compelling compilation of mini-profiles of many unsung heroes of America’s Black-owned bookstores, from a courageous pioneering abolitionist who ran his own store in the 1800s—surviving many attacks on his business and himself—to contemporary owners, like the two sisters who operate The Dock in East Fort Worth.

In each chapter, Adams delves deep into the owners’ biographies, philosophies, and roles, weaving a tapestry that crosses time and space.

“When I went into this project, I knew I had a really big responsibility—there were so many Black booksellers and historians who were and who are counting on me to tell the story right,” Adams told the Observer. “It truly is the first full-length book to chronicle the history of Black-owned bookstores in this country.”

Her book introduces us to many admirable men—and women. Many were pioneers who stood up for emancipation, civil rights, or (particularly in the 1970s) Black nationalism. They sold books that were banned or were simply unavailable elsewhere. They hosted speakers and events and joined local protests. Some died long ago, yet Adams rooted out their words through documents and brought them to life. There’s David Ruggles, the abolitionist who opened the nation’s first Black bookstore, in Manhattan in 1834, when he was sometimes targeted by runaway-slave catchers. And Lewis Michaux, who ran the African National Memorial bookstore in Harlem from the 1930s to the 1970s. 

Adams tracked down and interviewed contemporary owners like James Fugate, of the celebrity-filled Los Angeles bookstore Isso Wan. And Emma Rodgers, a Texan whose Black Images Book Bazaar was born in 1986 from her own desire for more Black children’s books: As Adams writes, “She drove all over Dallas looking for titles with positive images of Black children to add to party favors for her son’s birthday in the late 1970s. Rodgers ultimately found them, but not without great frustration.”

Sadly, the stories of too many Black-owned stores ended after the shops were damaged or destroyed by looting, vandalism, and arson—in the case of one Detroit store, at the hands of local police. The FBI pops up in these pages for its monitoring of bookstore owners. Indeed, Adams’ book was inspired by an Atlantic article she read about “The FBI’s War on Black-Owned Bookstores” in the 1960s and ’70s.

“My interest was piqued in the sense that I wanted to know what that experience was like for booksellers personally,” Adams said. “So I started just tracking down those booksellers and talking to them and getting a vivid picture.” 

Two Kansas couples whose bookstore was targeted weren’t politically active at all. “They just saw a need in their communities. They just saw that Black kids around them did not have a lot of access to books,” Adams told the Observer.

Adams trains a revealing new lens on American history and on the struggles of Black literary leaders. Each store’s success, as she writes, has relied in part on the owners’ courage, tenacity, and vision—and the faithfulness of its patrons.

Adams is particularly skilled at telling stories about American culture and history—from 2020 until March 2025, she covered race and identity for NBC.She witnessed firsthand how Black-owned bookstores saw business surge after shootings of young Black men by police, especially in 2020 after Houston native George Floyd was restrained and killed by Minneapolis police.

Even as she rushed to complete her research, Adams still frequented Black bookstores near her Dallas home, including the older Pan-African Connection and the Blacklit bookstore, which opened in 2022 in Farmers Branch. (Her book includes a list of U.S. stores and booksellers’ recommended reading.) To her, those two Dallas stores represent generational differences—the first being more spiritual and traditional and the second “a carefully designed event space”—yet she considers both “different branches of a single tree.”

Project Mind Control: Sidney Gottlieb, the CIA, and the Tragedy of MKULTRA by John Lisle. St. Martin’s Press. May 2025

John Lisle, a mild-mannered University of Texas at Austin professor who specializes in the history of science, spends a lot of time in voluminous government archives tracking dark secrets that sound like conspiracy theories. He was busy reviewing records in the Library of Congress for his PhD dissertation when he stumbled on previously unpublished accounts of a top-secret CIA mind-control program—the subject of his new book.

Lisle already knew a lot about the odd life and strange career of Sidney Gottlieb, a shadowy scientist who led a program called MKUltra. Gottlieb oversaw mind-control experiments for about two decades that used an “exhaustive number of drugs” as well as hypnotism and myriad other techniques. But he’d largely evaded scrutiny, partly because he destroyed nearly all of his records in the 1970s. 

In the archives, Lisle found sworn statements that he’d never seen published anywhere. His discovery of depositions from Gottlieb and other CIA figures allowed him to build compelling narratives about Gottlieb and MKUltra—and to disclose previously unknown information.

Some early CIA mind-control experiments were conducted (without permission) on government employees, including Frank Olson, a scientist dosed at a work gathering in Maryland who returned home “a totally different person,” according to his wife. The agency whisked Olson away to New York for emergency mental health treatment, but he threw himself out of a 13-story hotel window. An internal CIA investigation blamed Olson’s death on the flawed experiments, Lisle writes, yet they continued unchanged.

Olson’s family eventually sued and won a settlement. But Lisle’s discovery was of depositions in another lawsuit involving people who sued the CIA after being subjected to MKUltra experiments while incarcerated in the Atlanta Federal Penitentiary. As part of that case, an activist civil rights attorney grilled Gottlieb and other key CIA players. 

Advertisement

Lisle found 823 pages of material, and he uses it to weave a narrative centered on the bizarre scientist: “From the defense’s perspective, Gottlieb’s depositions were a disaster. From the historian’s perspective, they’re a gold mine,” he writes.

Lisle’s book provides new details from insiders about how America’s mind-control program progressed. It eventually included about 149 subprojects conducted by scientists at mental hospitals, military bases, and safe houses. All were funded by CIA money laundered through shell companies and foundations. One redacted subproject list, eventually made public, suggests some experiments were conducted in Texas, possibly at the University of Texas and Texas Christian University.

The author describes some victims: Harold Blauer, a professional tennis player, who was killed during experiments conducted at the New York State Psychiatric Institute in 1953 and whose family received a settlement. And Jimmy Shaver, a 29-year-old father of two stationed at Lackland Air Force Base, who suddenly kidnapped, raped, and murdered a 3-year-old girl in a 1954 incident that he claimed not to recall. Shaver, who had no prior criminal history, was then examined before trial by Louis Jolyon West, the base’s resident psychiatrist, who had been conducting work funded under MKUltra around that same time. 

Lisle devotes little space to allegations raised in another nonfiction book, CHAOS: Charles Manson, the CIA, and the Secret History of the Sixties,by journalist Tom O’’Neill. O’Neill spent years investigating possible ties between Manson and the CIA’s mind-control program and postulated that Manson, a former federal prisoner, might have met West, who visited San Francisco as part of his LSD experiments. In an interview, Lisle expressed skepticism that Manson’s ability to order other “Family” members to kill could have been linked to the CIA’s conducting MKUltra experiments on him. Instead, Lisle suggested that West, the CIA researcher, could have been trying to learn from the cult leader’s techniques. “Manson was actually a lot better [than West] at manipulation,” Lisle told the Observer.

Lisle found only scant information about what happened to the many victims who received the bizarre treatments, including the former Atlanta Federal Penitentiary prisoners who sued the CIA. “I had a really hard time looking up people who were involved in this. It was difficult to find major figures, anyone involved with them, anyone who is willing to talk,” he told the Observer.

I couldn’t help but wonder: What else was in the files Gottlieb purged? 

She Kills: The Murderous Socialite, the Cross-Dressing Bank Robber, and Other True Crime Tales by Skip Hollandsworth. HarperCollins. October 2025

Fans of Skip Hollandsworth, famed chronicler of true crime, will find much to love in this new collection of compelling narratives featuring the dark side of Texas womanhood. It includes many page-turning Texas Monthly features that I had never forgotten, including the 2007 tale of soft-spoken Vickie Dawn Jackson, the goody-two-shoes-nurse-turned-serial-killer dubbed the “Angel of Death” and the 2021 story of “The Notorious Mrs. Mossler,” a deadly high-society Houstonian.

Often, Hollandsworth uses his considerable skills to delve deep beneath the skin of the most complex and bizarre characters, and he frequently uncovers common ground and unexpected insights. He introduces Jackson to his readers, for example, explaining how carefully she tapped small-town resources to make herself pleasing to patients, including those she eventually killed. “Her hair, which she dyed herself at her kitchen sink with Lady Clairol Pale Blonde, would be neatly brushed and pulled back in a little knot on the top of her head—Vickie believed it was important that a nurse never let her hair get in the way of her work—and because she also thought that patients liked nurses who smelled good, she would be wearing a dab of Charlie on her neck, which she’d buy on sale at Wal-Mart.”

His ability to connect and convey folk in far-flung Texas is also apparent in his masterful “Midnight in the Garden of East Texas,” but that story’s disqualified for this collection given that the killer is male. (Fortunately, Richard Linklater made a film about Bernie.)

My favorite part of this story collection is the personalized notes that Hollandsworth uses to stitch it together. In the introduction, Hollandsworth shares how his fascination with crime began and his life changed in the summer of 1974, when he was a preacher’s kid and read about an unsolved crime in his hometown of Wichita Falls.

“When church members asked me what I planned to do when I grew up, I told them I would most likely become a Presbyterian pastor. … Then, on the morning of June 22, I walked into the kitchen and glanced at the local newspaper, the Wichita Falls Record News, that my father had brought in from the yard. Spread across the front page, in heavy two-inch-high block print, was the headline: Millionaire Oilman, Wife Found Dead; Couple Fatally Shot in Home Here.

Throughout the rest of the book, Hollandsworth provides information on that case and other crimes he’s spent his life chronicling. Another standout tale is “The Fugitive,”  his 2008 story about yet another nurse, Deborah Murphey, an apparently law-abiding wife and mother in East Texas who was suddenly arrested by out-of-state bounty hunters to the shock of her friends and neighbors. “‘The nicest lady in the world turned into an escapee from the law,’ marveled Linda Veitch, the owner of the town’s biggest beauty salon, the Hair Depot,” he wrote.

Hollandsworth’s investigation of Murphey’s unusual arrest revealed she’d been convicted of armed robbery as a teen more than three decades prior. She’d subsequently managed to escape from a Georgia prison, only after being repeatedly abused by a trio of guards. He found evidence of a broader culture of abuse of female prisoners in those years. An attorney who filed suit on behalf of other victims told Hollandsworth that several inmates had “mentioned [Murphey] and the abuse she had been forced to endure.” 

That compelling tale became a game-changing investigation. Outraged readers contacted the governor’s offices in Georgia and Texas, creating a wave of support for Murphey. Ultimately, the Georgia Department of Corrections didn’t pursue extradition, and Murphey, according to Hollandsworth’s postscript, was able to continue her life as a law-abiding Texan.

Hollandsworth’s previous book, Midnight Assassin, chronicles an unidentified ax murderer—Austin’s own Jack the Ripper, a complex historic mystery that he investigated and told without being able to interview a single living witness. Still, I think Hollandsworth’s superpower is his ability to connect with people and get them to make surprising or even shocking admissions.

I’m hoping Hollandsworth’s next book is a memoir. I’d like to hear more about the lessons he’s learned as a Texas true crime writer and how his own life changed by forging deep connections with so many notorious, tragic, eccentric, and downright strange characters. Sometimes, as he told me, he winds up “inside their lives.”

For more Observer books coverage, see texasobserver.org/topics/books.

The post Black Bookstore Owners, Government Spies, and Murder appeared first on The Texas Observer.

Hegseth visits inter-Korean border ahead of security talks with South Korean officials

posted in: All news | 0

By KIM TONG-HYUNG, Associated Press

SEOUL, South Korea (AP) — U.S. Defense Secretary Pete Hegseth visited the Demilitarized Zone separating the two Koreas on Monday as he began a two-day visit to ally South Korea for security talks.

Related Articles


Government shutdown could become longest ever as Trump says he ‘won’t be extorted’ by Democrats


What’s on the ballot in the first general election since Donald Trump became president


What to know as Nigeria rejects US military threat over alleged Christian killings


‘It is a crisis’: Mayors share how grappling with housing has shaped their jobs


FDA restricts use of kids’ fluoride supplements citing emerging health risks

Hegseth and South Korean Defense Minister Ahn Gyu-back received a briefing from military officials at Observation Post Ouellette, a site near the military demarcation line that past U.S. presidents, including Donald Trump during his first term in 2019, had visited to peer across the border into North Korea and meet with American soldiers.

Hegseth and Ahn also visited the Panmunjom border village, where an armistice was signed to pause the 1950-53 Korean War. Ahn’s ministry said the visit “reaffirmed the firm combined defense posture and close coordination” between the allies.

Hegseth did not mention North Korea, which has ignored Washington and Seoul’s calls for dialogue in recent years while accelerating the expansion of its nuclear weapons and missile programs.

South Korea’s military also said Monday that the country’s Joint Chiefs of Staff Chairman Gen. Jin Yong-sung and his U.S. counterpart, Gen. Dan Caine, oversaw a combined formation flight aboard South Korean and U.S. F-16 fighter jets above a major U.S. military base in Pyeongtaek.

The flight, conducted for the first time, was intended to demonstrate the allies’ “ironclad combined defense posture” and the “unwavering” strength of the alliance, Seoul’s Defense Ministry said.

Hegseth and Ahn, who previously met on Saturday at a defense ministers’ meeting in Malaysia, will attend the allies’ annual defense talks in Seoul on Tuesday.

U.S. Defense Secretary Pete Hegseth, left, shakes hands with South Korean Defense Minister Ahn Gyu-back upon arrival at the Camp Bonifas near the border village of Panmunjom in Paju, South Korea, Monday, Nov. 3, 2025. (Yonhap via AP)

The talks are expected to cover key alliance issues, including South Korea’s commitment to increase defense spending and the implementation of a previous agreement to transfer wartime operational control of allied forces to a binational command led by a South Korean general with a U.S. deputy.

There are also concerns in Seoul that the Trump administration may demand much higher South Korean payments for the U.S. military presence in the country or possibly downsize America’s military footprint to focus more on China.

Hegseth’s visit comes days after Trump traveled to South Korea for meetings with world leaders, including South Korean President Lee Jae Myung and Chinese President Xi Jinping, on the sidelines of this year’s Asia-Pacific Economic Cooperation summit in Gyeongju.

During his meeting with Trump on Wednesday last week, Lee reaffirmed South Korea’s commitment to increase defense spending to reduce the financial burden on America and also called for U.S. support in South Korean efforts to acquire nuclear-powered submarines.

Trump later said on social media that the United States will share closely held technology to allow South Korea to build a nuclear-powered submarine, and that the vessel will be built in the Philly Shipyard, which was bought last year by South Korea’s Hanwha Group. The leaders also advanced trade talks, addressing details of $350 billion in U.S. investments South Korea committed to in an effort to avoid the Trump administration’s highest tariffs.

Israel hands over bodies of 45 Palestinians after Hamas returned the remains of 3 soldiers

posted in: All news | 0

By WAFAA SHURAFA and JULIA FRANKEL, Associated Press

DEIR AL-BALAH (AP) — Israel on Monday handed over the bodies of 45 Palestinians, health officials in Gaza said, a day after Hamas returned the remains of three hostages. Israeli officials identified the three as soldiers who were killed in the Hamas-led terrorist attack on Oct. 7, 2023 that triggered the war.

The exchange marked another step forward for the tenuous, U.S.-brokered ceasefire in the two-year war — the deadliest and most destructive war ever fought between Israel and militant Hamas group.

Since the truce took effect on Oct. 10, Palestinian militants have released the remains of 20 hostages, with eight now still remaining in Gaza.

For each hostage returned, Israel has been releasing the remains of 15 Palestinians. Monday’s return brought the number of Palestinian bodies handed back since the ceasefire began to 270.

Slow identification process in Gaza

Zaher al-Wahidi, a spokesperson at the Gaza Health Ministry, told The Associated Press that the 45 released bodies of Palestinians were received at the Nasser Hospital in Gaza around noon.

Related Articles


Today in History: November 3, KKK and neo-Nazis kill five in Greensboro massacre


A powerful earthquake kills at least 20 people and injures hundreds in northern Afghanistan


What to know as Nigeria rejects US military threat over alleged Christian killings


What to know about a stabbing attack aboard a train in Britain


Today in History: November 2, Howard Hughes takes ‘Spruce Goose’ on its only flight

Only about 75 of all the returned bodies have so far been identified, the ministry said. Forensic work is complicated by a lack of DNA testing kits in Gaza, it added. The ministry posts photos of the remains online, in the hope that families will recognize them.

Meanwhile, the office of Israeli Prime Minister Benjamin Netanyahu identified the three hostages returned to Israel on Sunday night as Capt. Omer Neutra, an American-Israeli, Staff Sgt. Oz Daniel and Col. Assaf Hamami. A Hamas statement earlier said their remains were found on Sunday in a tunnel in southern Gaza.

Neutra, an American-Israeli, was 21 when Hamas abducted him and the rest of his tank crew on Oct. 7, 2023. In December 2024, the military announced Neutra had been killed in the attack that started the war.

U.S. President Donald Trump said Sunday he had spoken with Neutra’s family, describing their relief and heartbreak. “They were thrilled, in one sense, but in another sense, obviously, it’s not too great,” Trump said.

This undated photo provided by the Hostages and Missing Families Forum shows hostage Omer Neutra, who was abducted and brought to Gaza in the Hamas attack on Oct. 7, 2023. (Hostages and Missing Families Forum via AP)

Daniel, a 19-year-old staff sergeant, was pulled from his tank and taken into Gaza, along with three others of his crew. He is survived by his parents and twin sister. The remains of the others were returned earlier.

Hamami, commander of Israel’s southern brigade in the Gaza division, died early on Oct. 7, 2023, in fighting to defend Kibbutz Nirim. Hamami and two of his soldiers were killed and their bodies were taken to Gaza. Hamami is survived by his wife and three children.

Militants have released one or two bodies every few days. Israel has urged for faster progress, and in certain cases it has said the remains were not those of any hostage. Hamas has said the work is complicated by widespread devastation.

Arrests of 2 ex-military figures rocks Israel

Since Sunday, a political scandal has rocked Israel involving the military’s former legal chief, Maj. Gen. Yifat Tomer-Yerushalmi. A military official said she was arrested overnight after she has admitted to leaking a video of Israeli soldiers sexually assaulting a Palestinian detainee and resigned from office.

The arrests were widely reported in Israeli media. The official spoke on condition of anonymity because of not being authorized to speak with the media.

A frantic search was underway Sunday along the Tel Aviv beach for Tomer-Yerushalmi, after her family raised concerns for her safety and police found her abandoned car along the coastline, reported Israel’s Channel 12. Police said she was found soon after the search began.

Former chief military prosecutor Col. Matan Solomesh was also arrested overnight and was appearing in court Monday, reported Israel’s Army Radio.

Efforts to ramp up Gaza aid and a vaccination campaign

The exchange of hostage remains for Palestinian bodies has been the central part of the initial phase of the U.S.-brokered ceasefire. The 20-point plan includes the formation of an international stabilization force of Arab and other partners that would work with Egypt and Jordan on securing Gaza’s borders and ensure the ceasefire is respected.

Multiple nations have shown interest in taking part in a peacekeeping force but have called for a clear U.N. Security Council mandate before committing troops.

Other difficult questions include Hamas’ disarmament and the governance of a postwar Gaza, as well as when and how humanitarian aid will be increased.

U.K. Foreign Secretary Yvette Cooper will visit Jordan on Monday and call on Israel to allow more aid into Gaza. She is expected to visit a warehouse where British aid remains stuck waiting to enter Gaza.

Ahead of the visit, Cooper said that “humanitarian support is desperately needed and the people of Gaza cannot afford to wait.”

“Following the U.S.-led peace process and the plans for a substantial increase in aid for Gaza, we need an increase in crossings, an acceleration in lifting of restrictions and more agencies able to go in with aid,” Cooper said.

Cooper also announced that Britain will provide an extra $7.9 million of humanitarian support for Gaza, provided by the UN Population Fund.

Also Monday, Gaza’s health ministry announced that a campaign to vaccinate some 40,000 Palestinian children under three years old against preventable diseases like measles, polio and meningitis will kick off next week.

It will focus on children who missed routine vaccinations or received only partial doses due to the war, Dr. Nedal Ghoneim, the Health Ministry’s public health manager, told the AP. The exact number of children in need of routine vaccinations is unknown due to challenges record-keeping during the war, said Ghoneim.

The Hamas-led attack on southern Israel two years ago killed about 1,200 people and saw 251 taken hostage. Israel’s military offensive has killed more than 68,800 Palestinians in Gaza, according to Gaza’s Health Ministry, which doesn’t distinguish between civilians and combatants. The ministry, part of the Hamas-run government and staffed by medical professionals, maintains detailed records viewed as generally reliable by independent experts.

Israel, which has denied accusations by a U.N. commission of inquiry and others of committing genocide in Gaza, has disputed the ministry’s figures without providing a contradicting toll.

Frankel reported from Jerusalem. Associated Press writers Renata Brito in Jerusalem; Melanie Lidman in Tel Aviv, Israel; Natalie Melzer in Nahariya, Israel; Jill Lawless in London and Aamer Madhani in West Palm Beach, Florida, contributed to this report.

A major question for the Supreme Court: Will it treat Trump as it did Biden?

posted in: All news | 0

By MARK SHERMAN, Associated Press

WASHINGTON (AP) — A major question hangs over the Supreme Court’s closely watched case on President Donald Trump’s far-reaching tariffs: Will the conservative majority hold the Republican president to the same exacting standards it used to limit his Democratic predecessor, Joe Biden?

Key legal principles at the heart of conservative challenges to major initiatives in the Biden years are driving the arguments in the fight against Trump’s tariffs, which is set for arguments at the high court on Wednesday.

The businesses and states that sued over the tariffs are even name-checking the three Trump-appointed conservative justices whose votes they hope to attract to stop a centerpiece of Trump’s economic agenda in a key test of presidential power.

Trump invoked an emergency powers law to justify the tariffs

Trump imposed two sets of tariffs, determining that sustained trade deficits had brought the United States to “the precipice of an economic and national-security crisis” and that hundreds of thousands of deaths from imported fentanyl had created a crisis of its own, the administration told the justices.

Until this year, no president had used the International Emergency Economic Powers Act to impose tariffs since its enactment in 1977.

The law makes no mention of tariffs, taxes, duties or other similar words, although it does allow the president, after he declares an emergency, to regulate the importation of “any property in which any foreign country or a national thereof has any interest.”

That authorization, the administration argued, is enough to support the tariffs, and the absence of any “magic words” is irrelevant.

The court has ruled Congress must speak clearly on major policy questions

During Biden’s presidency, conservative majorities made it harder to fight climate change under existing law and blocked several actions related to the coronavirus pandemic.

Related Articles


Government shutdown could become longest ever as Trump says he ‘won’t be extorted’ by Democrats


What’s on the ballot in the first general election since Donald Trump became president


What to know as Nigeria rejects US military threat over alleged Christian killings


‘It is a crisis’: Mayors share how grappling with housing has shaped their jobs


FDA restricts use of kids’ fluoride supplements citing emerging health risks

The court ended a pause on evictions, prohibited a vaccine mandate for large businesses and rejected Biden’s $500 billion student loan forgiveness program.

In each case, the court held that Congress had not clearly authorized an action of economic and political significance, a legal principle known as the major questions doctrine.

The Washington-based U.S. Court of Appeals for the Federal Circuit had little trouble applying those precedents to the tariffs case.

Referring to the eviction pause and the student debt cases, a seven-judge majority wrote, “Indeed, the economic impact of the tariffs is predicted to be many magnitudes greater than the two programs that the Supreme Court has previously held to implicate major questions.”

The tariff challengers are defending the appellate decision at the Supreme Court by leaning into the opinions from the earlier cases.

“Absent vigilance under the major questions doctrine, ‘legislation would risk becoming nothing more than the will of the current President,’” lawyers for a Chicago-area toy company, Learning Resources Inc., wrote, quoting an opinion by Justice Neil Gorsuch in the climate change case.

A separate group of small businesses cited Justice Amy Coney Barrett’s opinion in the student loan case to make the point that in relying on IEEPA for the tariffs, Trump “asserts ‘highly consequential power … beyond what Congress could reasonably be understood to have granted.’”

The businesses also invoked a dissenting opinion by Justice Brett Kavanaugh in another pandemic case about the dangers of easily accepting emergency declarations. “This Court’s history is littered with unfortunate examples of overly broad judicial deference to’ assertions of ‘emergency powers,’” lawyers for the businesses wrote.

But does the major questions doctrine apply to the tariffs case?

The Trump administration argues that the doctrine does not apply to the tariffs case, and it cites a lengthy dissenting appellate opinion, as well as Kavanaugh.

Presidents have wide latitude when it comes to foreign affairs and national security, and it would be odd for the emergency powers law to be as limited as the challengers say it is, Judge Richard Taranto wrote in his dissent, which was joined by three other judges.

“Such a limitation would be especially out of place in an emergency statute like IEEPA,” Taranto wrote, explaining that it was intended to give presidents flexibility to cope with crises.

Congress, he concluded, made “an eyes-open” choice to give the president broad authority. The major questions doctrine does not apply, Taranto wrote.

Kavanaugh expressed a similarly expansive view of presidential power in an opinion in June about congressional authority.

The major questions doctrine has never been invoked in a case about foreign policy or national security, Kavanaugh wrote. “On the contrary, the usual understanding is that Congress intends to give the President substantial authority and flexibility to protect America and the American people,” he wrote.

Taranto’s opinion drew from a 1981 Supreme Court decision in a case relating to the Iranian hostage crisis that upheld President Jimmy Carter’s invocation of the emergency powers law to unfreeze Iranian assets.

Justice William Rehnquist, five years before becoming chief justice, wrote the court’s opinion. One of his clerks that term was the current chief justice, John Roberts.