Started By
Message

re: Trump is not happy about SCOTUS and tariffs

Posted on 11/9/25 at 11:02 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463677 posts
Posted on 11/9/25 at 11:02 am to
quote:

That makes zero sense. If you clearly lose in court, the ruling should hold until a victory at the next level of appeals - especially when it is doing significant damage to the plaintiffs

I have made the argument that the impacts of reversing this Trump tariff is probably going to lead to re-examining the injunction issue/ruling.

quote:

Also, wouldn’t this mute the point that repatriation of the tariff funds would be an issue as the SCOTUS allowed the collections to continue (meaning they weren’t worried about that point initially)?

Two completely separate things.

You have to compartmentalize these different rulings.
Posted by IMSA_Fan
Member since Jul 2024
545 posts
Posted on 11/9/25 at 11:05 am to
Apologies - which two rulings?

Also why was IEEPA allowed to remain in place when a major piece of the legislation (congressional veto which allowed checks and balances) was ruled unconstitutional in 1983?
This post was edited on 11/9/25 at 11:07 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463677 posts
Posted on 11/9/25 at 11:13 am to
quote:

Apologies - which two rulings?


The prior USSC ruling on nationwide injunctions and the one about the IEEPA

You can't infer that their ruling about injunctions (which permitted the collection of the tariffs) somehow indicates how they will rule on the IEEPA case.

quote:

Also why was IEEPA allowed to remain in place when a major piece of the legislation (congressional veto which allowed checks and balances) was ruled unconstitutional in 1983?


Severability.

If a portion of a law is bad, but the law can otherwise remain, then only the offending portion is ruled void

Posted by IMSA_Fan
Member since Jul 2024
545 posts
Posted on 11/9/25 at 11:21 am to
quote:

The prior USSC ruling on nationwide injunctions and the one about the IEEPA You can't infer that their ruling about injunctions (which permitted the collection of the tariffs) somehow indicates how they will rule on the IEEPA case.

So hypothetically, under this injunction ruling, if the Trump administration decided to take $1 trillion in tariff revenue and send checks to Americans, and then a taxpayer or deficit watchdog group sued, arguing it was unconstitutional — the administration could still issue the checks while the case worked its way through the courts, and if the Supreme Court later ruled against them, everyone would theoretically have to return the money?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463677 posts
Posted on 11/9/25 at 11:22 am to
quote:

if the Trump administration decided to take $1 trillion in tariff revenue and send checks to Americans, and then a taxpayer or deficit watchdog group sued, arguing it was unconstitutional — the administration could still issue the checks while the case worked its way through the courts, and if the Supreme Court later ruled against them, everyone would theoretically have to return the money?

Yes

Which is why you don't act so irrationally confident and aggressive, testing novel applications of statutes, with these potential costs.
Posted by IMSA_Fan
Member since Jul 2024
545 posts
Posted on 11/9/25 at 11:25 am to
quote:

Which is why you don't act so irrationally confident and aggressive, testing novel applications of statutes, with these potential costs.

How likely is this legal logic going impact the decisions made by the current administration?
This post was edited on 11/9/25 at 11:27 am
Posted by Vandergriff
Member since Nov 2020
1442 posts
Posted on 11/9/25 at 11:26 am to
Is this ruling coming soon or are we waiting until next summer? I would think and hope it is imminent.
Posted by IMSA_Fan
Member since Jul 2024
545 posts
Posted on 11/9/25 at 11:27 am to
quote:

Is this ruling coming soon or are we waiting until next summer? I would think and hope it is imminent.

I feel like current justices have to know how they are going to rule. I don’t know what is going to change at this point
Posted by CDawson
Louisiana
Member since Dec 2017
19119 posts
Posted on 11/9/25 at 11:29 am to
Wonder why no other lawsuits were filed against any other Presidents when tariffs were imposed.

Weird, right?
Posted by boosiebadazz
Member since Feb 2008
84158 posts
Posted on 11/9/25 at 11:35 am to
quote:

Wonder why no other lawsuits were filed against any other Presidents when tariffs were imposed.

Weird, right?


Who is the last guy to use the IEPPA to place tariffs?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463677 posts
Posted on 11/9/25 at 11:36 am to
quote:

Wonder why no other lawsuits were filed against any other Presidents when tariffs were imposed.

Weird, right?

Not weird at all when you look at the laws those Presidents relied upon. Trump's admin had plenty of other options to enact tariffs without these potential legal issues.

No President has ever used the IEEPA to enact tariffs. You act in a novel manner outside a strict reading of the textual authority and courts are going to have to examine that behavior to ensure its legality. That's the problem with engaging in such aggression and cleverness.
Posted by TigerRealtor
Member since Sep 2013
253 posts
Posted on 11/9/25 at 11:36 am to
Congress has the power of the purse. They and they alone have the power to tax. A tariff is a tax. It’s not that hard to understand. If he wants to embargo trade with the whole world, he has the power, but it’s his political funeral. He does not have the power to tax though.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463677 posts
Posted on 11/9/25 at 11:37 am to
quote:

How likely is this legal logic going impact the decisions made by the current administration?

It is similar to the problems with undoing the tariffs: it likely won't affect things at all, if I understand your question properly.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
53264 posts
Posted on 11/9/25 at 11:37 am to
How about he put pressure on the damn Congress to actually pass his shite?
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
292704 posts
Posted on 11/9/25 at 11:39 am to
quote:


Wonder why no other lawsuits were filed against any other Presidents when tariffs were imposed.


Probably because none were as comprehensive as this trade war.

Its hard to claim "abuse" when you are the abuser.

The courts did check Bidens student loans, every single time.

Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
292704 posts
Posted on 11/9/25 at 11:44 am to
quote:


No President has ever used the IEEPA to enact tariffs


I still dont see any need for it to be used in this case.

Trump is overselling our "abuse" at the hands of Chinese and a hundred other countries.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463677 posts
Posted on 11/9/25 at 11:45 am to
quote:

I still dont see any need for it to be used in this case.


There wasn't. His admin had multiple other statutes to rely upon

I read they chose the IEEPA because it has lower oversight and reporting requirements, but that may not be true
Posted by Double Oh
Louisiana
Member since Sep 2008
23212 posts
Posted on 11/9/25 at 11:49 am to
He is 100000% correct
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
292704 posts
Posted on 11/9/25 at 11:50 am to
quote:

He is 100000% correct


One man cannot control the economy, like he is trying to do.

If Biden were still in office, you too would agree.
Posted by IMSA_Fan
Member since Jul 2024
545 posts
Posted on 11/9/25 at 12:01 pm to
If the Supreme Court uphold this the next Dem is going to have a field day using it to totally reshape our economy into a “green economy” via a Climate Change State of Emergency.
first pageprev pagePage 5 of 7Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram