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re: Trump is not happy about SCOTUS and tariffs

Posted on 11/9/25 at 12:02 pm to
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
292999 posts
Posted on 11/9/25 at 12:02 pm to
quote:

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.


Exactly.

Posted by LawTalkingGuy
Member since Mar 2025
92 posts
Posted on 11/9/25 at 12:30 pm to
quote:


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


It may not come until next June, but I suspect we will get a ruling by February.

The process is slow. The Justices first individually research whatever legal issues they find relevant. (Their clerks research it, but the Justices get themselves up to speed) Then they meet as a group and discuss how they think the rulingvshould go. They pick a Justice to write the opinion for each side, and those opinions go through multiple iterations, and Justices start to decide if they want to write their own opinion, or maybe even switch sides.

And they are doing all of these for multiple cases.

They know this one is important, though, so they will probably prioritize it.
Posted by LawTalkingGuy
Member since Mar 2025
92 posts
Posted on 11/9/25 at 12:35 pm to
quote:

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


POTUS doesn't have the power to embargo, either, unless Congress delegates that power to him.

That's really what this whole case is about: exactly what power was delegated to POTUS via IEEPA. All of this talk about taxing power vs. Regulation of trade is just a minor issue in interpreting the statute.

ALL of the power at issue here belongs to Congress, and the question is how much was delegated under IEEPA.
This post was edited on 11/9/25 at 12:59 pm
Posted by IMSA_Fan
Member since Jul 2024
550 posts
Posted on 11/9/25 at 12:40 pm to
I feel like IEEPA got really wonky when Congress got stripped of the legislative veto in 1983 which was the key to checking executive overreach within the bill
This post was edited on 11/9/25 at 1:06 pm
Posted by iamfrankreynolds
Member since Jul 2024
194 posts
Posted on 11/9/25 at 12:56 pm to
DEMs use the constitution for their own purposes only.
This post was edited on 11/9/25 at 1:00 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463891 posts
Posted on 11/9/25 at 12:57 pm to
quote:

DEMs care about the constitution when it is to their convenience to gain or preserve power.

Doesn't this apply to MAGA and this tariff case, too?
Posted by wookalar1013
up ta camp
Member since Jun 2017
2045 posts
Posted on 11/9/25 at 12:57 pm to
quote:

Wonder why no other lawsuits were filed against any other Presidents when tariffs were imposed. Weird, right?

Because they did so via the appropriate channels and mechanism and didn’t rely on tards like Stephen miller?
This post was edited on 11/9/25 at 12:59 pm
Posted by deltaland
Member since Mar 2011
99835 posts
Posted on 11/9/25 at 12:58 pm to
There’s an easy solution to the tariff authority argument

Eliminate the filibuster. Pass a law giving the executive authority to impose tariffs for national security or for the purpose of trade negotiations or balancing trade deficits
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463891 posts
Posted on 11/9/25 at 1:00 pm to
quote:

Eliminate the filibuster. Pass a law giving the executive authority to impose tariffs for national security or for the purpose of trade negotiations or balancing trade deficits


Pretty sure those laws already exist
Posted by LawTalkingGuy
Member since Mar 2025
92 posts
Posted on 11/9/25 at 1:03 pm to
quote:

I feel like IEEPA got really wonky when Congress got stripped of the legislative veto in 1983 which was the key to checking executive overreach


I'm pretty much a non-delegation guy, but all of these delegation statutes are now weird. Congress can delegate its power, but the only way to UNdelegate it is to pass a new statute, which has to be signed by POTUS.

If the issue became so.politically hot that you gotvs supermajority of Congress to agree, then they could override a veto, or even threaten impeachment, but that just seems unlikely in today's environment.
Posted by deltaland
Member since Mar 2011
99835 posts
Posted on 11/9/25 at 1:08 pm to
quote:

Pretty sure those laws already exist


Then why are we questioning if Trump has the authority to impose tariffs ?

Is all of this simply because he invoked the IEEPA and not a different law that grants him the authority? If so, what a massive waste of time and money with litigation if it’s struck down and he just invokes a different law to accomplish the same thing
Posted by TigerAllNightLong
Member since Jul 2023
966 posts
Posted on 11/9/25 at 1:15 pm to
quote:

For instance how is our national security threatened with our trade surplus with Australia?

That’s for the POTUS to decide not the SCOTUS.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463891 posts
Posted on 11/9/25 at 1:18 pm to
quote:

Then why are we questioning if Trump has the authority to impose tariffs ?

Trump didn't use THOSE laws.

He used a different law

quote:

Is all of this simply because he invoked the IEEPA and not a different law that grants him the authority?

Yes

quote:

If so, what a massive waste of time and money with litigation if it’s struck down and he just invokes a different law to accomplish the same thing

It would be quite the expensive frickup by the admin, yes.
Posted by iamfrankreynolds
Member since Jul 2024
194 posts
Posted on 11/9/25 at 1:21 pm to
Do DEMs care about America first?
Posted by EphesianArmor
Member since Mar 2025
1982 posts
Posted on 11/9/25 at 1:37 pm to
quote:

"WHAT THE HELL IS GOING ON???"



Is he channeling Vince Lombardi?
>


I wish the v.1 President Trump of 2017-2020 were this assertive, acerbic and aggressive about his rightful Executive Powers and calling out the Monkey Business back then.
Posted by boosiebadazz
Member since Feb 2008
84166 posts
Posted on 11/9/25 at 1:41 pm to
quote:

America first


Can you define this without Donald Trump telling you what it is?
Posted by RohanGonzales
Member since Apr 2024
7646 posts
Posted on 11/9/25 at 1:42 pm to
quote:

I wish the v.1 President Trump of 2017-2020 were this assertive, acerbic and aggressive about his rightful Executive Powers and calling out the Monkey Business back then.


Wow, it is almost like people do better when they gain experience.

You may be on to something.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
463891 posts
Posted on 11/9/25 at 1:43 pm to
quote:

Wow, it is almost like people do better when they gain experience.

This tariff fiasco says "hold my beer"
Posted by EphesianArmor
Member since Mar 2025
1982 posts
Posted on 11/9/25 at 1:59 pm to
quote:

Wow, it is almost like people do better when they gain experience.


So "Rookie Syndrome"? Or was it that President Trump (v.1) was not only ill-prepared to be Exec in Chief, but was completely ignorant about exerting Presidential Powers? I don't believe this to be the case. There's Option #3, but no one wants to concede it's possibility.

Of all the Presidents in the past century, none have had nearly as much experience as DJT on being a CEO, personnel dealings hirings, orgs protocols, etc.



Posted by imjustafatkid
Alabama
Member since Dec 2011
62083 posts
Posted on 11/9/25 at 2:01 pm to
If that's what they rule, then simply follow the rule: end all trade with the offending countries until Congress passes tariffs.
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