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Started By
Message
re: Robert’s insist that tariffs are a tax on the American people, and a tax needs to come
Posted on 11/6/25 at 8:37 am to SlowFlowPro
Posted on 11/6/25 at 8:37 am to SlowFlowPro
I don’t think Thomas has ever clearly voted against Trump’s interests in a SCOTUS decision
Posted on 11/6/25 at 8:37 am to SlowFlowPro
quote:Yep. It's kinda like the war powers act. President can take immediate (emergency) actions, but has to go back to congress at some point. The tariff delegation seems pretty broad, and that may be what undoes it. Congress should write better laws.
I'm curious how Thomas votes. He's been rejecting his textualist roots lately towards what appears to be partisanship. If he sides with the admin I think it will be safe to say he's no longer a textualist.
Posted on 11/6/25 at 8:37 am to NC_Tigah
quote:
What are you talking about?
I provided you the text of the case to show that your argument about the temporary nature of the emergency was an important issue in the ruling.
I'm giving you the opportunity to support your argument with facts/citations.
I've given you this opportunity 3x now?
Posted on 11/6/25 at 8:38 am to Bjorn Cyborg
quote:
There are all kinds of fees imposed on domestic and foreign entities without congressional approval, that are not considered taxes. There are also fees and expenses imposed on American citizens, and foreign visitors, that are not considered taxes.
Give some examples
Posted on 11/6/25 at 8:39 am to Taxing Authority
Here's my summary of the admin's arguments


Posted on 11/6/25 at 8:39 am to PurpleCrush
quote:
Name an economist thats says tarrifs are not a tax?
Tariffs are a tax on imported foreign goods.
Posted on 11/6/25 at 8:40 am to Padme
What’s even more clown world is that Obama’s lawyers said it wasn’t a tax but Roberts said no it was a tax and so it’s good.
Posted on 11/6/25 at 8:40 am to IMSA_Fan
quote:
I don’t think Thomas has ever clearly voted against Trump’s interests in a SCOTUS decision
His random and irrelevant dissent about Jack Smith's appointment was kind of a red flag
Posted on 11/6/25 at 8:40 am to SlowFlowPro
quote:
NEVER? No. Just not via the IEEPA.
Then why not focus on that? Why focus on whether a tariff is a tax? Just stick to the question of whether Congress gave the President the power to tariff at all in the IEEPA.
There is a reason he is talking about a tariff as a tax. I have said what I think his reasoning could be.
And remember - no one is or has argued that the President has the power to tax/tariff without Congressional approval, so it cannot be that issue he is exploring.
Posted on 11/6/25 at 8:41 am to SlowFlowPro
quote:You provided an opinion. It's not worth ferreting through individual submissions or rationale.
I provided you the text of the case to show that your argument about the temporary nature of the emergency was an important issue in the ruling.
I provided you with the text of the law.
Posted on 11/6/25 at 8:43 am to SDVTiger
quote:
You posted a link to Ashlen who is a flaming leftist
You clearly follow her
Shhhh.
The adults are talking.
Posted on 11/6/25 at 8:43 am to NC_Tigah
Why does anybody listen to the cal bear named slow whatever.
Posted on 11/6/25 at 8:44 am to JimEverett
quote:
Why focus on whether a tariff is a tax? J
Because the admin is trying to "imply" the tariff authority, but if it's a tax, then they will require more than just the implication and will need more explicit statutory authorization. Because the executive can't just manufacture taxes willy nilly, due to the Constitutional issues presented.
quote:
Just stick to the question of whether Congress gave the President the power to tariff at all in the IEEPA.
The "tax" issue is a digression of that issue. I think it's being blow up by people being "clever" making the ACA ruling reference (as I predicted yesterday in real time) and wont' be a significant factor in the decision. It's going to be a Major Question Doctrine decision, I bet, which won't need this level of pedantry.
Posted on 11/6/25 at 8:44 am to SlowFlowPro
quote:
If he maintains his principles, I could see 9-0
As a lawyer, you are more aware of the tendencies than I, so sure. That could also happen.
Posted on 11/6/25 at 8:44 am to Padme
quote:
Robert’s
Douche Canoe Statist.
Posted on 11/6/25 at 8:45 am to Bjorn Cyborg
quote:
Widget XYZ normally sells for $10,000. The United States imposes a 10 percent tariff of $1,000. The manufacturer absorbs the tariff and still sells the item for $10,000. Was it a tax? If so, who was it a tax
The tax is on the shareholders / ownership of the company. It decreased their net income by $1k (or $1k minus income taxes).
Posted on 11/6/25 at 8:45 am to SDVTiger
quote:
You posted a link to Ashlen who is a flaming leftist
You clearly follow her
I will say this, though.
One of us knows who this person is. One of us has no clue.
Which one is likely to be the follower?
Posted on 11/6/25 at 8:46 am to RogerTheShrubber
quote:
quote:
What a total mess
An orange boondoggle.
tsk.
Just immediately defers to TDS.
Posted on 11/6/25 at 8:47 am to NC_Tigah
quote:
You provided an opinion.
Yes, the opinion on the Biden student loan scheme that mirrors this tariff argument rhetorically-legally.
You're trying to distinguish the two with this "temporary" argument, so I asked you to support it within the text of the prior ruling. That's how this works.
You don't logically get to say a prior case is inapplicable and then rely on non-relevant arguments about that case
quote:
I provided you with the text of the law.
Which does not include the word "tariff"
It uses broad language similar to the authority granted by the HEROES Act.
The Trump admin relied on similar interpretation without textual support as the Biden admin did.
I believe the court will strike down the Trump admin's actions for the same reasons as they did the Biden's admin's actions, because the two cases are quite similar legally.
Posted on 11/6/25 at 8:48 am to Robcrzy
Oooooh... Roger and the other TDS nerds on this board... DESTROYED. 
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