One argument by the Solicitor General today was that Justice Jackson accepted the validity of congressional delegations of emergency power to the President. My book addresses that issue at considerable length. But here’s a point that is not in the book (because the tariffs were imposed after I wrote the text).
Justice Jackson discussed a 1939 report from Attorney General Murphy listing 99 statutory delegations of emergency authority. None of them involved tariffs and none of them gave the President taxing authority. So the concurrence does not support the Solicitor General’s argument in this case.