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Trump has an alternative plan if SCOTUS rules the current ones unconstitutional.

Posted on 1/9/26 at 3:17 pm
Posted by Ailsa
Member since May 2020
4011 posts
Posted on 1/9/26 at 3:17 pm


No tariff opinion for now.

quote:
After the bar admissions, the entire session is over in a matter of minutes. The court has indicated the possibility of opinions next Wednesday, an argument day. So perhaps we’ll get tariffs then. Or not.

More opinions could come also in the second week of the January sitting.

https://www.scotusblog.com/2026/01/no-tariff-opinion/
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468183 posts
Posted on 1/9/26 at 3:19 pm to
There were always other options. Nobody is arguing he can't issue tariffs. That's not the issue before the court.

If the admin loses, the question is why they went with the aggressive-creative route instead of the tried, true, and available options? It would be a huge misstep for very little, if any, reason.
Posted by Ailsa
Member since May 2020
4011 posts
Posted on 1/9/26 at 3:22 pm to
Is SCOTUS delaying a ruling so he can't enact the alternatives?
Posted by TBoy
Kalamazoo
Member since Dec 2007
27706 posts
Posted on 1/9/26 at 3:23 pm to
quote:

If the admin loses, the question is why they went with the aggressive-creative route instead of the tried, true, and available options? It would be a huge misstep for very little, if any, reason.

It was not a misstep. The Trump administration takes the position that they are not constrained by law or the constitution. Sometimes the courts agree on a specific issue, but often they disagree. The pattern is always to first assert that there is no law or limits. Following the law is the fallback position.
Posted by BugAC
St. George
Member since Oct 2007
57125 posts
Posted on 1/9/26 at 3:23 pm to
quote:

the question is why they went with the aggressive-creative route instead of the tried, true, and available options?


What does that matter, in a legal sense?
Posted by RohanGonzales
Member since Apr 2024
8519 posts
Posted on 1/9/26 at 3:24 pm to
quote:

It was not a misstep. The Trump administration takes the position that they are not constrained by law or the constitution. Sometimes the courts agree on a specific issue, but often they disagree. The pattern is always to first assert that there is no law or limits. Following the law is the fallback position.


Keep o0n kooking, kook.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468183 posts
Posted on 1/9/26 at 3:31 pm to
quote:

What does that matter, in a legal sense?

Everything.

This is why Biden didn't "ignore the Supreme Court" with the SL forgiveness stuff when he went to another authority once his initial route was ruled illegal.

This thread explains it re: Biden

Same thing would apply to Trump with tariffs.
Posted by BugAC
St. George
Member since Oct 2007
57125 posts
Posted on 1/9/26 at 3:37 pm to
quote:

Everything.



So he "aggressively" enforced his duties as POTUS is the argument you would bring before SCOTUS?
Posted by Blizzard of Chizz
Member since Apr 2012
20820 posts
Posted on 1/9/26 at 3:38 pm to
quote:

If the admin loses, the question is why they went with the aggressive-creative route instead of the tried, true, and available options? It would be a huge misstep for very little, if any, reason.


I think you're not looking at this strategically. The administration knows that no matter what, Dems are going to sue. That leaves two options, go all in on the tried an true option from the start as you suggested or try the more creative option first. Now if he goes tried and true route first and he eventually loses in the SC, the creative route is probably shut down fairly quickly.. On the flip side, by going aggressive out of the gate, he's tied the matter up in court for a year.. If he loses, and pivots to the tried and true, it will more than likely still get tied up in court but the advantage is that he's bought himself at least 2 years time.
Posted by BugAC
St. George
Member since Oct 2007
57125 posts
Posted on 1/9/26 at 3:38 pm to
quote:

The Trump administration takes the position that they are not constrained by law or the constitution.


The Trade Act of 1974 disagrees with you.

Posted by SaintsTiger
1,000,000 Posts
Member since Oct 2014
2024 posts
Posted on 1/9/26 at 3:41 pm to
quote:

There were always other options. Nobody is arguing he can't issue tariffs. That's not the issue before the court.

If the admin loses, the question is why they went with the aggressive-creative route instead of the tried, true, and available options? It would be a huge misstep for very little, if any, reason.


Your take lacks nuance. The Supremes could rule, say, 80% in favor of the admin and 20% against, for example.

Posted by Demonbengal
Ruston
Member since May 2015
5179 posts
Posted on 1/9/26 at 3:43 pm to
They’re delaying because it’s a cluster. If you say he didn’t authority then you have to return the money the govt. accumulated to the people who paid the tariffs. I think they want to say it’s unconstitutional, but realize it would create chaos at this point.
Posted by Timeoday
Easter Island
Member since Aug 2020
18626 posts
Posted on 1/9/26 at 3:59 pm to
quote:

The Trump administration takes the position that they are not constrained by law or the constitution. Sometimes the courts agree on a specific issue, but often they disagree.


You could be talking about any prosecutor, politician or judge in the USA. The amount of unconstitutional behavior resulting in civil or criminal charges against Americans does not concern prosecutors, politicians, or judges in the very least. They realize just a very few, I mean an extremely very few, will ever be able to afford an appeal or have their appeal even heard by a higher court so they just continue with their unconstitutional behavior.

WORD!!

There is an anti-dote for TDS. Get ya some.
Posted by DawgCountry
Great State of GA
Member since Sep 2012
32606 posts
Posted on 1/9/26 at 4:00 pm to
There you go again with your retarded fig stuff.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468183 posts
Posted on 1/9/26 at 4:07 pm to
quote:

So he "aggressively" enforced his duties as POTUS is the argument you would bring before SCOTUS?

Well aggressive and creative increases your chance of being illegal. That's what you seem to have missed within the discussion.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468183 posts
Posted on 1/9/26 at 4:08 pm to
quote:

Now if he goes tried and true route first and he eventually loses in the SC,

He wouldn't, though.

Hence the "Tried and true" part.

quote:

On the flip side, by going aggressive out of the gate, he's tied the matter up in court for a year.. If he loses, and pivots to the tried and true, it will more than likely still get tied up in court but the advantage is that he's bought himself at least 2 years time.


Bought himself 2 years time to what? Repay all the tariff revenue and cause chaos for 2 years?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
468183 posts
Posted on 1/9/26 at 4:09 pm to
quote:

The Supremes could rule, say, 80% in favor of the admin and 20% against, for example.


How do you rule one act is 80% legal and 20% illegal when the question comes down to a binary issue of delineated authority?

Either he has the authority granted from that specific Congressional act, or he doesn't.
This post was edited on 1/9/26 at 4:10 pm
Posted by hogcard1964
Alabama
Member since Jan 2017
18054 posts
Posted on 1/9/26 at 4:11 pm to
They're not going to rule against Trump on this.
Posted by TBoy
Kalamazoo
Member since Dec 2007
27706 posts
Posted on 1/9/26 at 4:39 pm to
quote:

The Trade Act of 1974 disagrees with you.

Let me guess. An actual law is the fallback position if the present course is found unconstitutional.

That is exactly what I said.
Posted by FluffyBunnyFeet
Dallas, TX
Member since Oct 2014
3713 posts
Posted on 1/9/26 at 4:40 pm to
quote:

It would be a huge misstep for very little, if any, reason.

Just think what Trump would be capable of if he was half as smart as SFP.
This post was edited on 1/9/26 at 4:41 pm
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