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Started By
Message
re: Goldman Responds To Court Block Of Trump Tariffs: Nothingburger, White House Can Sidestep
Posted on 5/29/25 at 7:46 am to LawTalkingGuy
Posted on 5/29/25 at 7:46 am to LawTalkingGuy
quote:Is that the new interpretation of Executive Authority without Congressional disapproval?
all Trump has to do is introduce legislation
So all Trump has to now do to engage another country militarily is get a Declaration of War??
It is an approach ignoring precedent and law, but it's not a disagreeable premise, assuming it's not TDS founded in its entirety, and assuming it's equally enforced across administrations of any bent in the future.
Posted on 5/29/25 at 7:47 am to IvoryBillMatt
quote:it doesn't have to be an emergency.
The 10% tariffs are so clearly "non-emergency" that I doubt a stay will be issued regarding them.
It can be *unusual " and it can be applied to economic considerations only
quote:
§1701. Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities
(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the
Posted on 5/29/25 at 7:51 am to I20goon
This was strictly an IEEPA case, and no previous president has ever used IEEPA for tariffs. Mainly because IEEPA doesn't authorize tariffs.
You cannot argue legally (or hell even with a straight face) that every import from every country is an “unusual and extraordinary threat”.
You cannot argue legally (or hell even with a straight face) that every import from every country is an “unusual and extraordinary threat”.
Posted on 5/29/25 at 7:53 am to IvoryBillMatt
quote:
How was I wrong?
You said he needed due process and would get it. You said he was a maryland man not an ms13 gang member
You are just another leftard "lawyer" on here
Posted on 5/29/25 at 7:53 am to IvoryBillMatt
quote:What holding order?
I said he was wrongfully deported to El Salvador because of the holding order
quote:
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Posted on 5/29/25 at 7:56 am to Rip Torn
quote:
Thomas Jefferson and James Madison would be so proud!!
You do know that Jefferson and Madison were LAWYERS, right? I thought all of us were useless scum...you unprincipled prick.
Posted on 5/29/25 at 7:58 am to IvoryBillMatt
Never insinuated that but the exponential increase in injunctions vs all other presidents in history combined is concerning
Posted on 5/29/25 at 7:58 am to NC_Tigah
Damn Billmatt is always wrong 
Posted on 5/29/25 at 8:02 am to IvoryBillMatt
Did you just compare yourself to them?? Lol that is comical
Posted on 5/29/25 at 8:04 am to NC_Tigah
Did you not read the order you posted??? Look at II. circled in red. What part of GRANTED don't you understand?


Posted on 5/29/25 at 8:05 am to mwade91383
quote:Can you argue legally (or hell even with a straight face) that our debt, deficit, and national credit rating are not an “unusual and extraordinary threat”?
“unusual and extraordinary threat”
Posted on 5/29/25 at 8:06 am to NC_Tigah
quote:
Is that the new interpretation of Executive Authority without Congressional disapproval?
So all Trump has to now do to engage another country militarily is get a Declaration of War??
I'm uncertain just how sarcastic you are being here.
But, just to be clear on my end, Congress is the body with tariff authority. The only tariff power POTUS has is granted to the office by Congress. If POTUS has exceeded his granted authority, then get Congress to act.
And, yes, a clear Declaration of War would be nice once in a while. Far preferable to a vague Authorization for the Use of Military Force.
Posted on 5/29/25 at 8:08 am to SDVTiger
quote:
Damn Billmatt is always wrong
frick you, DimWit. Read the order and tell me how I'm wrong.

Posted on 5/29/25 at 8:11 am to Rip Torn
quote:
Did you just compare yourself to them?? Lol that is comical
I didn't. You did, everytime you flap your ignorant lips about "all lawyers...."
Posted on 5/29/25 at 8:12 am to LawTalkingGuy
quote:If POTUS has exceeded his granted authority, then ... Congress would let the courts know.
If POTUS has exceeded his granted authority, then ...
Have they?
Congressional input (or lack thereof) was largely the decisive factor in Dellums v. Bush. How many Congressmen opined on and/or submitted briefs against the EB in this case?
Posted on 5/29/25 at 8:14 am to NC_Tigah
What a bizarre conflation.
Using our fiscal irresponsibility as a legal defense for putting tariffs on everything from everywhere (wo congressional approval) will easily be dismissed.
In fact, it just was!
Using our fiscal irresponsibility as a legal defense for putting tariffs on everything from everywhere (wo congressional approval) will easily be dismissed.
In fact, it just was!
Posted on 5/29/25 at 8:15 am to mwade91383
quote:
In fact, it just was!
Gonna be a tough 3.5 years for you. This won’t end the way you think it will.
Posted on 5/29/25 at 8:18 am to mwade91383
quote:well, he didn't argue that every import was an unusual and extraordinary threat.
You cannot argue legally (or hell even with a straight face) that every import from every country is an “unusual and extraordinary threat”.
He argued that fentanyl (EO-emergency 14193), the excessive illegal border crossings (EO-emergency 14194) and opioid supply chain specific to China (EO-emergency 14195), and unfair trade practices (EO 14257) constituted unusual and extraordinary threats, plural.
And you are right, tariffs have never been used for/under this before, only a broad range of sanctions and export restrictions on a whole host of countries. So there is where a [valid] argument lies. However, IEEPA does not limit it to sanctions or forbid tariffs either.
What this ruling really does is remove the President's ability to do an emergency declaration.
So the border- not an emergency. +100k fentanyl deaths- not an emergency +20-30 million illegals- that's very ordinary, etc.
So yes, I can, with a straight face, make the argument tariffs are a legitimate response to unusual and extraordinary just as sanctions or having our allies agree not to buy oil from Iran or limiting pipeline materials to Sadaam. It might (obviously) be a losing argument. But to dismiss it as ridiculous and no one could dare say such a thing with a straight face is of itself way more ridiculous.
This post was edited on 5/29/25 at 8:20 am
Posted on 5/29/25 at 8:21 am to IvoryBillMatt
quote:
The only way I can imagine this as a nothingburger is if the Trump Administration gets a stay of the Court's injunction while it appeals. That might be a temporary fix, but the Liberation Day tariffs are toast eventually...unless codified by Congress. The 10% tariffs are so clearly "non-emergency" that I doubt a stay will be issued regarding them.
All of this wrong. Seriously wrong. You consistently have the worst legal takes.
Posted on 5/29/25 at 8:22 am to BBONDS25
lol yeah okay sure. But call you shot since you know, what ultimately happens to the sweeping tariffs across the board???
“The court's rationale drew on the nondelegation doctrine and major questions doctrine - two centerpieces of conservative judicial philosophy.”
Follow up, who specifically do you think is overturning this???
“The court's rationale drew on the nondelegation doctrine and major questions doctrine - two centerpieces of conservative judicial philosophy.”
Follow up, who specifically do you think is overturning this???
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