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Kwanza Hall

Former Rep. Kwanza Hall is one of two candidates competing in runoff to be the Democratic nominee for lieutenant governor in Georgia.

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David Meyers
By David MeyersJun 21, 2022
David Meyers

David Meyers is the Executive Editor of The Fulcrum. Before launching The Fulcrum, David spent more than two decades at CQ Roll Call, a leading publisher of political news and information. During his time there, David served as managing editor of Roll Call (“the newspaper of Capitol Hill”) and as managing editor of member information and research, which included co-editing the definitive biographical directory of Congress, “Politics in America.” David went on to lead all of CQ Roll Call’s congressional research teams as vice president of research and content development before shifting to a revenue and strategy role as vice president of business operations for Roll Call, working with the advertising and editorial teams to develop new revenue models and expand the company’s events business. David lives in Fairfax, Va., with his wife, two daughters and rottweiler. A graduate of Tufts University, David is a past president of the Tufts University Alumni Association. He is also a past president of the Washington Press Club Foundation, which works to celebrate and advance the role of women and minorities in the media. David currently serves on the board of directors for Temple B’nai Shalom in Fairfax Station.

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Voters in three states return to the polls for the second time this year on Tuesday, while Virginians get their first shot at casting ballots in 2022.

Alabama, Arkansas and Georgia are all holding runoff elections today, with federal and state races headlining the ballots. Because Virginia holds its state elections in odd years, the focus in the Old Dominion will be on a handful of congressional primaries.

Each of these states has some version of an open primary, and each has made changes to elections laws since the outbreak of the Covid-19 pandemic and following unfounded allegations of election fraud by former President Donald Trump. The Fulcrum has been tracking the changes in every state.

Read on for details about the elections and how they are managed.

Alabama

The biggest runoff in Alabama is the Republican primary to select a candidate for governor. Former Business Council of Alabama President and CEO Katie Britt led the way in initial voting with 45 percent. Because she didn’t get a majority of the votes, she now faces Rep. Mo Brooks, who took 29 percent, in the runoff.

Trump endorsed Brooks early in the campaign but later turned on the congressman and withdrew his support, throwing his backing to Britt days before the primary. The winner of this race will be heavily favored in November, when voters will choose a successor to Richard Shelby.

Republicans will also select a candidate for secretary of state, the top elections official in Alabama, while Democrats will choose either Yolanda Flowers or state Sen. Malika Sanders-Fortier as their candidate for governor. One of them will be the first Black person nominated for governor in the state; however, Republican Kay Ivey is expected to sail to reelection.

The Fulcrum covered changes to Alabama election laws in advance of the initial primary voting.

Arkansas

There are no statewide or legislative runoffs in Arkansas, where voters will instead focus on state legislative contests and county elections.

Republicans Sarah Huckabee Sanders and John Boozman should easily win their November contests after winning majorities in the first round of voting. Sanders is seeking to become the state’s first female governor and Boozman is on track to win reelection to the Senate.

The Fulcrum covered changes to Arkansas election laws in advance of the initial primary voting.

Georgia

With the candidates for governor and senator chosen on May 24, much of the focus Tuesday will be on the races for lieutenant governor, secretary of state and some congressional races.

Democrats will choose either Charlie Baker, who ran for attorney general in 2018, or former Rep. Kwanza Hall as their nominees for lieutenant governor. The winner will face Republican state Sen. Burt Jones.

Likewise, Republicans have already settled on a candidate for secretary of state, nominating incumbent Brad Raffensperger. He will face either state Rep. Bee Nguyen or former state Rep. Dee Hawkins-Haigler. Nguyen has the support of Stacey Abrams, who is in a rematch with GOP Gov. Brian Kemp.

The Fulcrum covered changes to Georgia election laws in advance of the initial primary voting.

Virginia

The Old Dominion has an unusual system for choosing candidates in which the parties can choose to use a nominating convention or a party-run primary. The Republicans opted for the convention option in a number of congressional races, limiting the number of races on the ballot Tuesday. Voters will have the opportunity to pick the GOP challenger to a Democratic incumbent in at least two competitive House races.

State Sen. Jen Kiggans is the leading candidate for the Republican nod in the 2nd district. She has the support of establishment Republicans but may have to fend off a fellow Navy veteran, Jarome Bell, who has been endorsed by some big names in the MAGA world. The winner will face Democratic Rep. Elaine Luria in a district that favors GOP candidates.

While that race has a clear favorite, the contest to be the nominee against Democratic Rep. Abigail Spanberger in the 7th district is very different. At least four candidates seem to have a shot at the Republican nod in a district that leans slightly toward the Democratic side of the ledger.

The Virginia General Assembly has been busy in 2022, enacting nine bills related to elections, according to the Voting Rights Lab.

Like a number of other states, Virginia banned the acceptance of private funds for election purposes.

Some of the changes involve voter registration. One requires election officials to inform voters by both mail and email, where possible, if their voter registration has been canceled; another bans the publishing of voter registrations lists online. A third increases the regularity in which the voter registration list is updated with death records.

Other bills concern technical aspects of absentee voting.

In 2021, Virginia made extensive changes to its election laws with a focus on making it easier for more people to vote.

In 2021, the commonwealth enacted the Voting Rights Act of Virginia, which requires pre-approval of any local changes to voting rules and allows individuals to sue if they believe they have been the victims of voter suppression.

In addition:

  • Voting by mail was expanded to allow anyone to choose that method for casting a ballot.
  • A permanent absentee voting list was established.
  • Early voting was expanded.
  • New accommodations were approved for voters with disabilities.
  • Same-day voter registration and automatic voter registration are now permitted.
  • Photo identification is no longer required for voting.

Read more about these and other changes in Virginia.


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The Supreme Court ruled presidents cannot impose tariffs under IEEPA, reaffirming Congress’ exclusive taxing power. Here’s what remains legal under Sections 122, 232, 301, and 201.

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Just the Facts: What Presidents Can’t Do on Tariffs Now

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.


What Is No Longer Legal After the Supreme Court Ruling

  • Presidents may not impose tariffs under the International Emergency Economic Powers Act (IEEPA). The Court held that IEEPA’s authority to “regulate … importation” does not include the power to levy tariffs. Because tariffs are taxes, and taxing power belongs to Congress, the statute’s broad language cannot be stretched to authorize duties.
  • Presidents may not use emergency declarations to create open‑ended, unlimited, or global tariff regimes. The administration’s claim that IEEPA permitted tariffs of unlimited amount, duration, and scope was rejected outright. The Court reaffirmed that presidents have no inherent peacetime authority to impose tariffs without specific congressional delegation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • The president may not use vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language—such as IEEPA’s general power to “regulate”—cannot be stretched to authorize taxation.
  • Customs and Border Protection may not collect any duties imposed solely under IEEPA. Any tariff justified only by IEEPA must cease immediately. CBP cannot apply or enforce duties that lack a valid statutory basis.
  • Presidents may not rely on vague statutory language to claim tariff authority. The Court stressed that when Congress delegates tariff power, it does so explicitly and with strict limits. Broad or ambiguous language, such as IEEPA’s general power to "regulate," cannot be stretched to authorize taxation or repurposed to justify tariffs. The decision in United States v. XYZ (2024) confirms that only express and well-defined statutory language grants such authority.

What Remains Legal Under the Constitution and Acts of Congress

  • Congress retains exclusive constitutional authority over tariffs. Tariffs are taxes, and the Constitution vests taxing power in Congress. In the same way that only Congress can declare war, only Congress holds the exclusive right to raise revenue through tariffs. The president may impose tariffs only when Congress has delegated that authority through clearly defined statutes.
  • Section 122 of the Trade Act of 1974 (Balance‑of‑Payments Tariffs). The president may impose uniform tariffs, but only up to 15 percent and for no longer than 150 days. Congress must take action to extend tariffs beyond the 150-day period. These caps are strictly defined. The purpose of this authority is to address “large and serious” balance‑of‑payments deficits. No investigation is mandatory. This is the authority invoked immediately after the ruling.
  • Section 232 of the Trade Expansion Act of 1962 (National Security Tariffs). Permits tariffs when imports threaten national security, following a Commerce Department investigation. Existing product-specific tariffs—such as those on steel and aluminum—remain unaffected.
  • Section 301 of the Trade Act of 1974 (Unfair Trade Practices). Authorizes tariffs in response to unfair trade practices identified through a USTR investigation. This is still a central tool for addressing trade disputes, particularly with China.
  • Section 201 of the Trade Act of 1974 (Safeguard Tariffs). The U.S. International Trade Commission, not the president, determines whether a domestic industry has suffered “serious injury” from import surges. Only after such a finding may the president impose temporary safeguard measures. The Supreme Court ruling did not alter this structure.
  • Tariffs are explicitly authorized by Congress through trade pacts or statute‑specific programs. Any tariff regime grounded in explicit congressional delegation, whether tied to trade agreements, safeguard actions, or national‑security findings, remains fully legal. The ruling affects only IEEPA‑based tariffs.

The Bottom Line

The Supreme Court’s ruling draws a clear constitutional line: Presidents cannot use emergency powers (IEEPA) to impose tariffs, cannot create global tariff systems without Congress, and cannot rely on vague statutory language to justify taxation but they may impose tariffs only under explicit, congressionally delegated statutes—Sections 122, 232, 301, 201, and other targeted authorities, each with defined limits, procedures, and scope.

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