Domain: tiger-web1.srvr.media3.us SCOTUS votes tomorrow on tariffs. | Page 2 | Political Talk
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re: SCOTUS votes tomorrow on tariffs.

Posted on 1/12/26 at 6:08 pm to
Posted by imjustafatkid
Alabama
Member since Dec 2011
63903 posts
Posted on 1/12/26 at 6:08 pm to
quote:

I won’t debate the claim, but you’re saying Supreme Court rulings should be outcome oriented and not oriented on a legal basis?


They are clearly legally based. If they were to find otherwise, they would be wrong.
Posted by Jesterea
Member since Nov 2011
1205 posts
Posted on 1/12/26 at 6:09 pm to
According to who?
Posted by imjustafatkid
Alabama
Member since Dec 2011
63903 posts
Posted on 1/12/26 at 6:10 pm to
quote:

According to who?


The law.
Posted by Auburn1968
NYC
Member since Mar 2019
25584 posts
Posted on 1/12/26 at 6:12 pm to
My sense is that this could be a mixed bag ruling with some being within congressionally allocated power and some not requiring Trump to get Congress involved.

Just my guess as the worst case scenario.
Posted by Bass Tiger
Member since Oct 2014
54827 posts
Posted on 1/12/26 at 6:12 pm to
If the SCOTUS says Trump over stepped his executive powers what's it all mean. Is the US going to be returning $200 billion in tariffs back to the nations who were tariffed?

The markets are fixing to go on a roller coaster ride.
Posted by Jesterea
Member since Nov 2011
1205 posts
Posted on 1/12/26 at 6:14 pm to
So if nine justices, three of which were appointed by the current president and have ruled with him on several issues, then they must be compromised because you understand the law more clearly than they would?
Posted by Jesterea
Member since Nov 2011
1205 posts
Posted on 1/12/26 at 6:15 pm to
Other nations don’t pay us tariffs. Tariffs are taxes paid by US companies.
Posted by beaux duke
Member since Oct 2023
3942 posts
Posted on 1/12/26 at 6:18 pm to
quote:

What he appears to be doing to me is trying to convince the SCOTUS that they have no choice, that he has created a mess so big they can't reverse it even if they want to.

yep
trump is so unqualified for the job that it's more expensive to fix his dumbshittey than to let it continue
the damage he's done to this country will continue for decades
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
470607 posts
Posted on 1/12/26 at 7:02 pm to
quote:

There were different tariffs levied against different countries on different basis. Eg, Fentanyl against Canada, México and China; trade imbalances against many; economic security; and national security.

Not an all or nothing proposition either way


But the issue is most (all?) were enacted pursuant to a law that may not grant the President the authority to enact them. The determination if he had the power is a binary proposition.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
470607 posts
Posted on 1/12/26 at 7:03 pm to
quote:

That would simply mean SCOTUS is compromised


Because they ruled Trump didn't have the authority to issue tariffs pursuant to a statute that never once references tariffs?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
470607 posts
Posted on 1/12/26 at 7:04 pm to
quote:

The tariffs are obviously working and are doing a great job for our country. Anyone who claims otherwise is a liar.


None of this has anything to do with a determination of whether or not he had statutory authority, under the law his admin cited and relied upon, to enact them
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
470607 posts
Posted on 1/12/26 at 7:06 pm to
quote:

The law.


The law that never references tariffs?
Posted by SaintsTiger
1,000,000 Posts
Member since Oct 2014
2066 posts
Posted on 1/12/26 at 7:13 pm to
quote:

But the issue is most (all?) were enacted pursuant to a law that may not grant the President the authority to enact them. The determination if he had the power is a binary proposition.


Well for one thing Justice Amy Coney Barrett strongly indicated that unwinding already paid tariffs would be a rats nest.

What is more, trade imbalance predicate could be struck down as not an emergency sufficient to enable import regulation while fentanyl is.

In the end though regulating imports has historically included the ability to impose tariffs. So the Admin will get the outright W.
This post was edited on 1/12/26 at 7:15 pm
Posted by jbdawgs03
Athens
Member since Oct 2017
12664 posts
Posted on 1/12/26 at 7:19 pm to
Shouldn’t you be at a protest?
Posted by First Sergeant1
Enterprise, Alabama
Member since Dec 2018
992 posts
Posted on 1/12/26 at 7:19 pm to
I hope the way you’re reading it is the correct… maybe I’m being pessimistic.
Posted by nealnan8
Atlanta
Member since Oct 2016
4264 posts
Posted on 1/12/26 at 7:28 pm to
Somewhat correct. Trump cites the IPEEA, which gives the president powers to impose tariffs in certain emergency situations. Other, then that, the Constitution grants the right to impose tariffs to Congress solely. This is the simplest explanation of the case before the Supreme Court. Remember that a lower court ruled Trump's tariff as unconstitutional. The Supreme Court will either overrule the lower court, or agree with them.
Posted by 10thyrsr
Texas
Member since Oct 2020
1100 posts
Posted on 1/12/26 at 7:30 pm to
If the Supreme Court finds he didn't have authority under the conditions the president used, but DOES have authority under other conditions, could that be a means to allow the tariffs to continue without the need to unravel everything?
Posted by SaintsTiger
1,000,000 Posts
Member since Oct 2014
2066 posts
Posted on 1/12/26 at 7:43 pm to
quote:

If the Supreme Court finds he didn't have authority under the conditions the president used, but DOES have authority under other conditions, could that be a means to allow the tariffs to continue without the need to unravel everything?


I think so. They could say citing the wrong statute was just an administrative error, the tariffs were authorized under the other authority without the magic words being cited, and no refunds to China and friends.
Posted by hogcard1964
Alabama
Member since Jan 2017
18517 posts
Posted on 1/12/26 at 7:45 pm to
quote:

I think so. They could say citing the wrong statute was just an administrative error, the tariffs were authorized under the other authority without the magic words being cited, and no refunds to China and friends.


There's no way in hell they force refunds. ...to anyone.
Posted by 10thyrsr
Texas
Member since Oct 2020
1100 posts
Posted on 1/12/26 at 8:05 pm to
Then that is what I believe the result will be
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