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re: Goldman Responds To Court Block Of Trump Tariffs: Nothingburger, White House Can Sidestep

Posted on 5/29/25 at 7:46 am to
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135588 posts
Posted on 5/29/25 at 7:46 am to
quote:

all Trump has to do is introduce legislation
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??

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 by I20goon
about 7mi down a dirt road
Member since Aug 2013
19252 posts
Posted on 5/29/25 at 7:47 am to
quote:

The 10% tariffs are so clearly "non-emergency" that I doubt a stay will be issued regarding them.
it doesn't have to be an emergency.

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 by mwade91383
Washington DC
Member since Mar 2010
7187 posts
Posted on 5/29/25 at 7:51 am to
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”.



Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
93470 posts
Posted on 5/29/25 at 7:53 am to
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 by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135588 posts
Posted on 5/29/25 at 7:53 am to
quote:

I said he was wrongfully deported to El Salvador because of the holding order
What holding order?
quote:





Posted by IvoryBillMatt
Member since Mar 2020
8456 posts
Posted on 5/29/25 at 7:56 am to
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 by Rip Torn
Member since Mar 2020
5813 posts
Posted on 5/29/25 at 7:58 am to
Never insinuated that but the exponential increase in injunctions vs all other presidents in history combined is concerning
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
93470 posts
Posted on 5/29/25 at 7:58 am to
Damn Billmatt is always wrong
Posted by Rip Torn
Member since Mar 2020
5813 posts
Posted on 5/29/25 at 8:02 am to
Did you just compare yourself to them?? Lol that is comical
Posted by IvoryBillMatt
Member since Mar 2020
8456 posts
Posted on 5/29/25 at 8:04 am to
Did you not read the order you posted??? Look at II. circled in red. What part of GRANTED don't you understand?


Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135588 posts
Posted on 5/29/25 at 8:05 am to
quote:

“unusual and extraordinary threat”
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”?
Posted by LawTalkingGuy
Member since Mar 2025
106 posts
Posted on 5/29/25 at 8:06 am to
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 by IvoryBillMatt
Member since Mar 2020
8456 posts
Posted on 5/29/25 at 8:08 am to
quote:

Damn Billmatt is always wrong


frick you, DimWit. Read the order and tell me how I'm wrong.

Posted by IvoryBillMatt
Member since Mar 2020
8456 posts
Posted on 5/29/25 at 8:11 am to
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 by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135588 posts
Posted on 5/29/25 at 8:12 am to
quote:

If POTUS has exceeded his granted authority, then ...
If POTUS has exceeded his granted authority, then ... Congress would let the courts know.
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 by mwade91383
Washington DC
Member since Mar 2010
7187 posts
Posted on 5/29/25 at 8:14 am to
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!
Posted by BBONDS25
Member since Mar 2008
56919 posts
Posted on 5/29/25 at 8:15 am to
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 by I20goon
about 7mi down a dirt road
Member since Aug 2013
19252 posts
Posted on 5/29/25 at 8:18 am to
quote:

You cannot argue legally (or hell even with a straight face) that every import from every country is an “unusual and extraordinary threat”.
well, he didn't argue that every import was 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 by Riverside
Member since Jul 2022
8366 posts
Posted on 5/29/25 at 8:21 am to
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 by mwade91383
Washington DC
Member since Mar 2010
7187 posts
Posted on 5/29/25 at 8:22 am to
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???
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