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Looking likely that Supreme Court will strike down tariffs - Market will take off

Posted on 11/5/25 at 12:34 pm
Posted by UltimaParadox
North Carolina
Member since Nov 2008
50324 posts
Posted on 11/5/25 at 12:34 pm
quote:

Supreme Court justices on Wednesday morning expressed skepticism about the legality of aggressive tariffs imposed by President Donald Trump against most of the world’s nations. Conservative and liberal justices sharply questioned Solicitor General D. John Sauer on the Trump administration’s method for enacting the tariffs, which critics say infringes on the power of Congress to tax.


Looks like they view it as a tax, and should be imposed by Congress.

I think this will rocket the markets higher, probably time to queue up the dry powder
CNBC Source
Posted by Jjdoc
Cali
Member since Mar 2016
55337 posts
Posted on 11/5/25 at 12:43 pm to
Thats not what happened. What happened was the implementation under the act used.

A Justice ask the attorney suing the admin, is there other ways the admin could put these into play... his response was yes.


So the whole picture is that Trump will use other means to put them into place. While the market will pop, it will react again when they are put into place via those other means.


Posted by LSURussian
Member since Feb 2005
133308 posts
Posted on 11/5/25 at 1:01 pm to
My question is what happens to the millions of dollars already collected from the tariffs if the SCOTUS rules they were collected illegally?

Will the money have to be refunded to whoever collected the tariff funds?
Posted by TDFreak
Coast to Coast - L.A. to Chicago
Member since Dec 2009
8814 posts
Posted on 11/5/25 at 1:04 pm to
quote:

Will the money have to be refunded to whoever collected the tariff funds?
I've heard that too.
Posted by bigjoe1
Member since Jan 2024
1391 posts
Posted on 11/5/25 at 1:18 pm to
I think Bessent has said they'd have to refund the collections.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
24413 posts
Posted on 11/5/25 at 1:22 pm to
quote:

Looking likely that Supreme Court will strike down tariffs - Market will take off


In January maybe. Supreme court will not release decision until early next year.
Posted by cubsfan5150
NWA
Member since Nov 2007
17696 posts
Posted on 11/5/25 at 10:46 pm to
Does that mean coffee prices will return to normal???
Posted by DraggingPride
Member since Jul 2024
102 posts
Posted on 11/5/25 at 11:15 pm to
Shouldn't the customers (us) that paid mark up on goods because of the tariifs that were later refunded, also be a due refund on the mark ups?

It's tongue in cheek, but this is how ridiculous we have become in our court system.
Posted by Auburn1968
NYC
Member since Mar 2019
24838 posts
Posted on 11/6/25 at 8:58 am to
GROK says:

quote:

The U.S. Constitution grants Congress the primary authority over tariffs under Article I, Section 8, which states that "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises." Tariffs, as a form of duties or imposts on imports, fall squarely within this legislative power. However, Congress has delegated significant authority to the President through various statutes, allowing executive action under specific conditions such as national security threats, unfair trade practices, or economic emergencies. These delegations are generally upheld by courts as constitutional, provided they include an "intelligible principle" to guide presidential discretion, as established in cases like J.W. Hampton, Jr. & Co. v. United States (1928).


This post was edited on 11/6/25 at 9:00 am
Posted by UltimaParadox
North Carolina
Member since Nov 2008
50324 posts
Posted on 11/6/25 at 9:04 am to
quote:

GROK says:




Guessing GROK will change depending on the outcome of the actual case...

not sure what we care what any of these LLMs think in this case, when SCOTUS is about to set the precedent
This post was edited on 11/6/25 at 9:05 am
Posted by TDFreak
Coast to Coast - L.A. to Chicago
Member since Dec 2009
8814 posts
Posted on 11/6/25 at 9:12 am to
It will be a 5-4 decision. We know how most will vote. Roberts is obviously in the tax group. This all comes down to Coney-Barrett.
Posted by cgrand
HAMMOND
Member since Oct 2009
46064 posts
Posted on 11/6/25 at 9:53 am to
translation: the house of representatives has abdicated its fiduciary duty to the executive branch because they are all fricking pussies and refuse to challenge their daddy in even the smallest of ways. Regardless of what you think about tariffs this is a devastating development for the American system of governance


Posted by cgrand
HAMMOND
Member since Oct 2009
46064 posts
Posted on 11/6/25 at 9:58 am to
to wit:

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Mike Johnson is a spineless weasel
Posted by BCreed1
Alabama
Member since Jan 2024
6235 posts
Posted on 11/6/25 at 10:00 am to
quote:

Guessing GROK will change depending on the outcome of the actual case...



No it won't. Why do you do this kind of thing and ignore details? This is not about using tariffs. This case is about the vehicle used by the Trump admin.

The attorney for the companies suing Trump admin admitted to the SCOTUS that Trump had other avenues to implement them. It was in direct response to a Justice who specifically asked that question.

Posted by BRPelican45
Member since Dec 2016
175 posts
Posted on 11/6/25 at 12:43 pm to
SCOTUS spent almost no time discussing whether the "emergencies" Trump is claiming are actual emergencies. They are entirely deferential to him on this topic. The legal question the court is considering is something else entirely.
Posted by deltaland
Member since Mar 2011
99750 posts
Posted on 11/6/25 at 1:01 pm to
quote:

This all comes down to Coney-Barrett.


Not good for pro tariff crowd. Suburban white women love them some cheap Temu trinkets
Posted by lsu13lsu
Member since Jan 2008
11762 posts
Posted on 11/6/25 at 3:35 pm to
quote:


My question is what happens to the millions of dollars already collected from the tariffs if the SCOTUS rules they were collected illegally?

Will the money have to be refunded to whoever collected the tariff funds?


It'll probably be like any other big corporate lawsuit. Lawyers get $100s of millions and affected will get $10.
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