Post AzwIowpwfHe8EhNGts by Nonilex@masto.ai
(DIR) More posts by Nonilex@masto.ai
(DIR) Post #Azs7tSEXzwNidqzL72 by Nonilex@masto.ai
2025-11-03T15:03:46Z
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Again & again since #Trump returned to the White House, #SCOTUS’ conservative majority has blessed his boundary-pushing policies….But on Wednesday, the justices will consider for the first time whether to say “no” to Trump….At issue is the legality of his…use of emergency powers to impose sweeping #tariffs on nearly every US trading partner. The outcome of the case could significantly affect the global #economy….#law #AbuseOfPower https://www.nytimes.com/2025/11/03/us/politics/supreme-court-trump-tariffs.html?smid=nytcore-ios-share&referringSource=articleShare
(DIR) Post #Azs82RgTPWgBXlL0TI by Nonilex@masto.ai
2025-11-03T15:05:23Z
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Experts say the case is a tossup that poses difficult legal & political considerations for the justices, made all the more tense by Trump’s efforts to personalize the dispute.#Trump had mused about attending the court’s argument this week, & has spoken repeatedly of the case’s importance to him. On Sunday, he said he decided against going to court, but stressed that he considered the stakes to be monumental.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower
(DIR) Post #Azs8F4N3OrOH0HH3PU by Nonilex@masto.ai
2025-11-03T15:07:40Z
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The case “is one of the most important in the history of the country,” #Trump wrote in a post on Truth Social. “If a president was not able to quickly & nimbly use the power of tariffs, we would be defenseless, leading perhaps even to the ruination of our nation.” 🙄Observers of #SCOTUS said the justices would be keenly aware that Trump would perceive a legal defeat as a personal blow.#law #PartisanCourt #ActivistCourt #AbuseOfPower #tariffs #economy
(DIR) Post #Azs8WjHwWSvqpWIvy4 by Nonilex@masto.ai
2025-11-03T15:10:51Z
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#SCOTUS’ 6 conservative justices have so far been receptive to Trump’s claims of #PresidentialPower. Among other things, they have allowed the admin to withhold funds appropriated by #Congress, kick #transgender troops out of the #military & pursue aggressive #immigration-related policies—but all on a “temporary”, “emergency” basis.The #tariffs case is the first time the justices have weighed the underlying legal merits of a key admin priority in Trump’s 2nd term.#law #ActivistCourt #economy
(DIR) Post #Azs8kK6Oxdb0lqO7W4 by Nonilex@masto.ai
2025-11-03T15:13:19Z
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Other such cases are on the horizon. Next month, #SCOTUS will consider #Trump’s efforts to seize control of #independent agencies. And in January, the justices will weigh his attempt to remove a member of the #FederalReserve Board. The admin has also asked them to consider the legality of the president’s executive order ending #BirthrightCitizenship.#law #PartisanCourt #ActivistCourt #AbuseOfPower #tariffs #economy
(DIR) Post #Azs8r9l7oaVgidh7Dc by Nonilex@masto.ai
2025-11-03T15:14:33Z
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Jack Goldsmith, a Harvard Law School professor & former top #DOJ lawyer under George W. Bush, said that because the legal issues were so closely contested in the #tariffs matter, some justices couldweigh broader implications across the set of presidential cases, concerned about either handing #Trump too much #power — or too many defeats.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #Azs91TVJG68UqvDWQC by Nonilex@masto.ai
2025-11-03T15:16:25Z
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…In a sign that the court recognizes the importance of the #tariffs case, the justices set a brisk schedule for the parties to submit written briefs & present oral arguments. They now seem likely to rule swiftly rather than wait until the end of the term next summer, as is their usual practice for the most consequential decisions.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #Azs9DVgmxaZv6YKDsu by Nonilex@masto.ai
2025-11-03T15:18:36Z
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The case has divided the conservative legal community.The #Constitution gives #Congress the power to impose #taxes. But soon after taking office, #Trump declared that a 1977 #law gave him the power to impose #tariffs unilaterally during “emergencies”.#SCOTUS #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #Azs9Hmija0ap5KH1Cy by Nonilex@masto.ai
2025-11-03T15:19:20Z
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#Trump used the statute to announce tariffs on goods imported into the US from China, Canada & Mexico, saying the levies were a punishment for failing to stop the flow of fentanyl. In April, he again relied on the International Emergency Economic Powers Act [#IEEPA] when he announced #tariffs on imports from >100 trading partners, saying they were needed to address #trade deficits with the rest of the world.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #Azs9RCmq2GsWXAgXgW by Nonilex@masto.ai
2025-11-03T15:21:04Z
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The admin’s on-again, off-again taxes on imports have roiled small businesses, prompting lawsuits from state officials & 6 companies, including the wine importer V.O.S. Selections & the toy manufacturer Learning Resources, whose cases are before the court on Wednesday. Trump’s actions, they say, were unlawful, cut into their profits & forced them to lay off employees & raise prices.#SCOTUS #Trump #law #PartisanCourt #ActivistCourt #AbuseOfPower #tariffs #economy
(DIR) Post #Azs9W10HGyh9R9GU0O by Nonilex@masto.ai
2025-11-03T15:21:56Z
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The 1977 statute gives the president certain tools to “deal with any unusual & extraordinary threat” to “the national security, foreign policy or economy of the United States.” That includes the power to “regulate” imports.The president’s lawyers say that language gives him broad authority to impose #tariffs when he believes an emergency exists.#SCOTUS #Trump #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #Azs9lprgSBiJWZmyJ6 by Nonilex@masto.ai
2025-11-03T15:24:48Z
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But the #law does not mention the words “tariffs,” “taxes” or “duties.” If the word “regulate” meant “tax,” the small businesses told the court, the president “could tax everything from autos to zoos.”From the start, the admin has insisted that the consequences for the country are too significant for the court to resist #Trump.#SCOTUS #PartisanCourt #ActivistCourt #AbuseOfPower #tariffs #economy
(DIR) Post #Azs9vHtNcNGH3X5bJA by Nonilex@masto.ai
2025-11-03T15:26:31Z
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They say that rolling back the #tariffs — & potentially refunding money already collected — could lead to economic ruin akin to the Great Depression, an interruption of #trade negotiations & diplomatic embarrassment. [so don’t break the law in the first place jackasses]#SCOTUS #Trump #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #Azs9xWdvkIUjNrvj1c by Nonilex@masto.ai
2025-11-03T15:26:55Z
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…But prominent legal figures opposed to the #tariffs, including retired federal judges and a founder of the conservative #FederalistSociety, said the case was not a close call. While past presidents have invoked the emergency statute to impose sanctions or to freeze a country’s assets, #Trump is the first in 50 years to rely on it to impose tariffs.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzsA3Knch29aOBEY76 by Nonilex@masto.ai
2025-11-03T15:27:58Z
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“Emergency powers are meant to be used in emergencies,” said Michael W. McConnell, a former federal appeals court judge nominated by President George W. Bush, who is leading the coalition of small businesses. “No Supreme Court would want to provoke a confrontation with a president of the United States unnecessarily, but on the other hand, the law is the law.”#SCOTUS #Trump #law #PartisanCourt #ActivistCourt #AbuseOfPower #tariffs #economy
(DIR) Post #AzsAFUk9XzOKhlPQO0 by Nonilex@masto.ai
2025-11-03T15:30:09Z
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#Trump’s order argued that the #tariffs were needed as a response to “large & persistent” #trade deficits.Tara Leigh Grove, a UT at Austin #law professor, said the justices could find it a stretch to characterize longstanding trade deficits as an emergency. On the other hand, she said, the statute is broad & appears to give a president a lot of discretion.“The justices will be struggling with whether they want to second-guess any presidential decision about an emergency,” she said.#SCOTUS
(DIR) Post #AzsASFEcWFAON1juYS by Nonilex@masto.ai
2025-11-03T15:32:23Z
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The case will also force the justices to address 2 doctrines favored by the conservative legal movement, both of which appear to work against #Trump’s claims. The “major questions doctrine” says #Congress must use clear language to authorize executive actions that could transform the #economy. #SCOTUS relied on the doctrine to invalidate many of President #Biden’s key initiatives, including his student loan forgiveness program.#law #PartisanCourt #ActivistCourt #AbuseOfPower #tariffs
(DIR) Post #AzsAr2xRInHBX7WuIq by Nonilex@masto.ai
2025-11-03T15:36:43Z
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The other—the “nondelegation doctrine”—says that #Congress cannot transfer unlimited legislative powers—like its taxing authority—to the #ExecutiveBranch.Solicitor general D. John Sauer said #Trump’s use of the statute to impose #tariffs was not an unlimited delegation of #power. The #law requires declared emergencies to expire in a year & reports to Congress about the tools used in the meantime. Even so, he said Trump’s power to declare an emergency was not subject to review by courts.#SCOTUS
(DIR) Post #AzsAx2ZBfYue3d2n9E by Nonilex@masto.ai
2025-11-03T15:38:01Z
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“Judges lack the institutional competence to determine when foreign affairs pose an unusual & extraordinary threat that requires an emergency response,” Sauer wrote in a court filing.Sauer also pointed to a recent concurring opinion from Justice Brett M. Kavanaugh in another case that suggested the 2 doctrines play little to no role in the context of national security & foreign policy emergencies.#SCOTUS #Trump #law #PartisanCourt #ActivistCourt #AbuseOfPower #tariffs #economy
(DIR) Post #AzsBBTaC1KVhtvOjTM by Nonilex@masto.ai
2025-11-03T15:40:37Z
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The challenges to Trump’s #tariffs reached #SCOTUS after judges in 3 different lower courts ruled against the admin but allowed the import taxes to remain in effect while litigation continued.In a 7-to-4 ruling in late August, the US Court of Appeals for the Federal Circuit said the emergency statute did not authorize “tariffs of the magnitude” #Trump announced.“Whenever #Congress intends to delegate to the president the authority to impose tariffs, it does so explicitly,” the majority said…
(DIR) Post #AzsCVSNsHpt1vfjATA by FinchHaven@sfba.social
2025-11-03T15:55:25Z
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@Nonilex "In a 7-to-4 ruling in late August, the US Court of Appeals for the Federal Circuit said the emergency statute did not authorize “tariffs of the magnitude” #Trump announced."A fundamental problem which seems to have vanished entirely from this whole discussion of #Tariffs is that #Trump himself -- either deliberately or by ignorance -- completely misstates *how* tariffs workTariffs are *not* paid by the *exporting* (China, as one) countryTariffs are charged against *imports* and the importer at the Port of Entry by --> Customs <-- and Border PatrolThe cost of tariffs to the *importer* are passed on to the American consumer as a cost of materials increase, or a straight price increase at retailSomehow the national narrative has completely absolved Trump of any responsibility to state this detail correctly
(DIR) Post #AzsCdMEb2Dc9An9g2K by EthicalProfessor@mstdn.social
2025-11-03T15:56:52Z
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@Nonilex Yes, the law is the law.But neither Rump nor the Cons on the Supreme Court are interested in upholding the law.
(DIR) Post #AzsCwtDkcHUcyr4bLc by huntingdon@mstdn.social
2025-11-03T16:00:22Z
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@Nonilex Ha ha. Donald Trump claims his hairline is a national security issue and that criticizing him is criminal conduct. He's demonstrated the inability to tell the difference between his pocketbook and American national security needs.
(DIR) Post #AzsD8HgtyeIu3i8qno by huntingdon@mstdn.social
2025-11-03T16:02:27Z
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@Nonilex Ask Trump to define a "tariff" or trade deficit. His stunning ignorance might not sell well, even at the S.Ct.
(DIR) Post #AzsLTu0hV8e6cQDo9I by CindyWeinstein@zirk.us
2025-11-03T17:35:47Z
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@Nonilex Let's go with "Thar she blows."
(DIR) Post #AzvjhEDaf1dJQn19v6 by Pineywoozle@masto.ai
2025-11-05T08:51:27Z
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@Nonilex When these creeps are smiling someone’s dying
(DIR) Post #AzwHzVQqnNj0TO6hXc by Nonilex@masto.ai
2025-11-05T15:15:43Z
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Arguments are finally getting underway after a late start.First up is Solicitor General D. John Sauer, Trump’s top Supreme Court lawyer, arguing for the #Trump admin.The court has allotted 80 minutes for arguments, but they will almost certainly extend well into early afternoon. #SCOTUS #tariffs #law
(DIR) Post #AzwIH7Nkx265613eKG by Nonilex@masto.ai
2025-11-05T15:18:56Z
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#ClarenceThomas first asks about the ‘major questions’ doctrineThe conservative majority blocked President Joe #Biden’s $500 billion student loan forgiveness plan & other of his administration’s initiatives by ruling that #Congress must speak clearly on questions of “vast economic & political significance.”It’s not clear whether the justices will apply the same principle in the #tariffs case, but lower courts did.Sauer says it doesn’t apply to foreign affairs issues.#SCOTUS #law #economy
(DIR) Post #AzwIbj2Kf8KDferaMa by Nonilex@masto.ai
2025-11-05T15:22:38Z
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Justice #Kagan says #Congress, not the president, had the power to #tax & regulate foreign commerce.Justice #Sotomayor is pressing the government on the fact that #tariffs are a form of #taxation, which rests in the hands of lawmakers to enact. “It’s a congressional power, not a presidential power, to tax,” she said.Sauer argues that what is at issue in this case is not the “power to tax,” an authority given to Congress, but the ability to regulate foreign powers.#law #SCOTUS
(DIR) Post #AzwIowpwfHe8EhNGts by Nonilex@masto.ai
2025-11-05T15:25:03Z
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“The fact that they raise revenue is only incidental,” Sauer says of the tariffs. I’m not sure Trump would agree: #Trump has often emphasized the vast amounts of revenue being raised by his #tariffs & their ability to offset #tax cuts.Justice #Sotomayor is also acknowledging an argument we’ve heard frequently in months of lower court arguments — that the economic emergency law that Trump is using to impose tariffs does not explicitly contain the word tariff.#SCOTUS #law #AbuseOfPower #economy
(DIR) Post #AzwJ1vTR2mxPm02A4m by Nonilex@masto.ai
2025-11-05T15:27:23Z
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Justice #Jackson raises a key issue: That the emergency #law in question, #IEEPA, was actually passed by #Congress to constrain the president’s authority & reform an earlier law, the Trading With the Enemy Act, or #TWEA, that Nixon had used to issue global #tariffs.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwJ8RvlHbfKAqOUJk by Nonilex@masto.ai
2025-11-05T15:28:35Z
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per NYT, Peter Harrell, a visiting scholar at Georgetown’s Institute for International Economic Law, said that although presidents have steadily broadened the use of #IEEPA over the years, “it was definitely intended to constrain authority.” In return, the #Trump admin is arguing that that change was only intended to add process constraints, not to add substantive constraints, on the president’s actions.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwJIpkhZNTKx2AkUK by Nonilex@masto.ai
2025-11-05T15:30:27Z
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Justice Brett M. #Kavanaugh, a key vote, is very focused on President Nixon’s imposition of a 10% tariff in 1971. The #tariffs were part of the “Nixon shock” measures aimed at addressing #trade deficits & combatting #inflation. “What’s the significance of the Nixon example & precedent here?” Justice Kavanaugh asked. “Because I think figuring that out is real important to deciding this case correctly.”#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwJVvKu7VJS2ALc0m by Nonilex@masto.ai
2025-11-05T15:32:32Z
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Chief Justice John #Roberts jumped in fairly quickly, questioning Sauer about whether he’s relying too much on an older decision on a different part of the emergency-powers law at the center of the case.Roberts was a law clerk at the time to the justice who wrote the 1981 opinion, William Rehnquist.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwJbkDcMqz5I6iOH2 by Nonilex@masto.ai
2025-11-05T15:33:52Z
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Sauer provoked an objection from Justice Sonia #Sotomayor after arguing that #Trump’s #tariffs were not designed to raise revenue for the federal government.Trump has repeatedly boasted about how much money his import taxes are brining into the Treasury.“You want to say tariffs are not taxes, but they are,” Sotomayor said.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwJrEHiregOsq1DxA by Nonilex@masto.ai
2025-11-05T15:36:27Z
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#Roberts is questioning the government’s lawyer on why the “major questions doctrine” doesn’t apply here, given the sweeping nature of Trump’s #tariffs. “The justification is being used for power to impose tariffs on any product from any country in any amount, for any length of time,” he says. #Trump used #IEEPA in April to announce a baseline tariff on products from every foreign country, & significantly higher tariffs on exports from several dozen nations.#SCOTUS #law #AbuseOfPower #economy
(DIR) Post #AzwJyTh5yIlahYLKL2 by Nonilex@masto.ai
2025-11-05T15:37:57Z
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Chief Justice #Roberts says the major questions doctrine seems to apply here. If so, that is bad news for the #Trump admin.“The vehicle is the imposition of #taxes on Americans, & that has always been a core power of #Congress,” Chief Justice Roberts says.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwKBQf4YfHF3oZYAa by proscience@toot.community
2025-11-05T15:40:16Z
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@Nonilex Sauer = bullsh***ing liar
(DIR) Post #AzwKBrSEwU3U9pmBPs by Nonilex@masto.ai
2025-11-05T15:40:23Z
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Justice Amy #ConeyBarrett is drilling down to a key question in the case: Does the word “regulate” allow #tariffs?The #Trump admin argues that it does, & that’s why they say he can impose & change tariffs during national emergencies.Barrett grilled him on that point, questioning whether regulate has frequently been used to allow for tariffs.Barrett is a conservative who’s gone her own way on some cases, & her vote will be key in the case.#SCOTUS #law #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwKOcsqQaKojPJ6Ce by Nonilex@masto.ai
2025-11-05T15:42:40Z
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"Can you point to any other place in the code or any other time in history where that phrase together 'regulate importation' has been used to confer tariff imposing authority?" Justice Amy Coney Barrett asked.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwKTvYKRaPU53ErOy by Thad@brontosin.space
2025-11-05T15:43:38Z
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@Nonilex Ah yes, that classic example of a president who operated strictly within his constitutional authority, Richard Nixon.
(DIR) Post #AzwKVjIaySNCegjsQa by nomdeb@mstdn.social
2025-11-05T15:43:56Z
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@Nonilex nevermind that it is the tariffs that are leading to the ruination of our nation. Among other things of course.
(DIR) Post #AzwKbtoMnmlUzqXdz6 by Nonilex@masto.ai
2025-11-05T15:45:06Z
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Part of the questioning is now revolving around whether the president can use #IEEPA to ban products, but not put #tariffs on them. IEEPA is used to ban imports in a #sanctions context, for example with #trade embargoes on Russia or Iran. But American consumers probably would not respond kindly if #Trump were to ban imports altogether.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwL5hiELluE9xspzE by Nonilex@masto.ai
2025-11-05T15:50:29Z
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Sauer told justices the #tariffs are “regulatory tariffs.”
“They are not revenue-raising tariffs. The fact that they raise revenue is only incidental,” he said, arguing that #Trump was not exercising an authority to #tax but rather to #regulate foreign commerce.
But Trump has regularly touted the amount of money tariffs have purportedly brought in.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwLC4gRrABN8p5UY4 by Yoshi@toot.community
2025-11-05T15:51:36Z
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@Nonilex Shut up! MAGAlapdog Roberts had the temerity to question a MAGAmoron action? Stop the presses, hell hath frozen over!
(DIR) Post #AzwLP6HDFG5zqXUkOO by Nonilex@masto.ai
2025-11-05T15:53:59Z
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There have been multiple questions about the exact meanings of the words used in #IEEPA, the #law that #Trump is using to impose the #tariffs, particularly as it pertains to presidential powers.Justices are asking Sauer about he interprets the verbs used in the section under presidential power, & particularly second "B" (in pic), what does it mean to "regulate," the meaning of "importation" & what is meant by "license."#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwMDQt0tQBMFHAzTc by Nonilex@masto.ai
2025-11-05T16:03:05Z
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#Congress can delegate some of its powers to the executive branch, but there are limits.Some of the conservative justices want to reinvigorate a legal doctrine that was last used in 1935.Justice Neil #Gorsuch voted in dissent in June to strike down universal service fee on phone bills as an #unconstitutional delegation of congressional power. The challenges hope to attract his vote on #tariffs on the same basis.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwMHi8mgRFuuvapLk by Nonilex@masto.ai
2025-11-05T16:03:52Z
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#Gorsuch has mostly worried about #Congress giving away too much of its power to federal agencies. It’s unclear whether he’ll have the same reservation with the president involved.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwNBAzp6KTuL0qjKq by Nonilex@masto.ai
2025-11-05T16:13:53Z
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#Gorsuch has questions about both “major questions” & “nondelegation”. He is asking Sauer to provide limits on the broadest reading of the administration’s arguments in favor of #tariffs.Sauer agreed that another, very different president would have the authority to declare climate change an emergency & impose tariffs to deal with it.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwNQDMkZYbC20kCSu by Nonilex@masto.ai
2025-11-05T16:16:35Z
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Justice #Gorsuch suggests that #Congress may have crossed a constitutional line in delegating too much authority to the president under the administration’s theory.Gorsuch warns of “a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people’s elected representatives” in Congress.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwOU4CIhdHshyG0XY by Nonilex@masto.ai
2025-11-05T16:28:30Z
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#Barrett questions whether such global tariffs are required to address what the statute requires: “unusual & extraordinary threats”Barrett is skeptical of the scope of #Trump’s #tariffs. “I mean, these are kind of across the board…is it your contention that every country needed to be tariffed because of threats to the defense & industrial base? I mean, Spain? France? I could see it w/some countries but explain to me why, this many countries, needed to be subject to the reciprocal tariff policy”
(DIR) Post #AzwOdPNJKn7szmrTaS by Nonilex@masto.ai
2025-11-05T16:30:12Z
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Sauer presented the government’s case for more than an hour. Now up is Neal K. #Katyal, the lawyer for the businesses who have challenged #Trump’s #tariffs. The court has given him 20 minutes to present his argument.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwOrZlnU0PBHz4QeO by Nonilex@masto.ai
2025-11-05T16:32:41Z
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#Katyal started off his presentation to the justices by arguing that their decision “comes down to common sense.” He argued that “it’s simply implausible” that when #Congress enacted #IEEPA, it “handed the president the power to overhaul the entire tariff system & the American #economy in the process, allowing him to set & reset tariffs on any & every product from any & every country, at any & all times.”#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump
(DIR) Post #AzwOzL0eFJ5PpKia4u by Nonilex@masto.ai
2025-11-05T16:34:08Z
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#Katyal noted what appeared to be skepticism of the #tariffs from Justices Amy Coney #Barrett & Neil M. #Gorsuch, asserting that upholding Trump’s #tariffs would be “a one-way ratchet” of delegating power from #Congress to the presidency, adding “we will never get this power back if the government wins this case.”#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwP9oO9ryW5qBi1KK by Nonilex@masto.ai
2025-11-05T16:35:59Z
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Katyal’s arguments started with a now familiar statement: “Tariffs are taxes,” adding, “Our founders gave that taxing power to Congress alone.”He went on to say that #Congress knows exactly how to delegate its tariff powers to the executive branch, & every time it has done that it acted “explicitly, always with real limits. #IEEPA looks nothing like those laws.”#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwPWiVLuc0iFhzoga by Nonilex@masto.ai
2025-11-05T16:40:10Z
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Chief Justice #Roberts says the admin’s #tariffs program “implicates very directly the president’s foreign affairs power.”#Katyal pointed specifically to the example of #Switzerland, a #US #ally with whom we have a trade surplus — NOT a deficit, & #Trump’s imposed tariffs currently sit at 39%. “That is just not something any president has ever had the power to do in our history,” he said.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwPnsLuYGfViXlIgq by Nonilex@masto.ai
2025-11-05T16:43:18Z
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Justice #Alito probed Katyal’s argument against #Trump’s #tariffs asking, “Do you think all tariffs are revenue- raising?”Katyal, said it was clear that President Trump’s tariffs were “obviously revenue-raising.” Katyal added that even in the government’s brief to the court it said the tariffs were “going to raise $4 trillion.”#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwPuSwXQAOQwI2JQO by huntingdon@mstdn.social
2025-11-05T16:44:27Z
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@Nonilex I suspect Katyal repeated the cliche that "Tariffs are taxes" because John Sauer repeatedly denied that they were.
(DIR) Post #AzwQCOWQb6EqRKNA6y by Nonilex@masto.ai
2025-11-05T16:47:43Z
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#ClarenceThomas asked #Katyal if his argument wouldn’t also apply to #embargoes. Katyal said it did not, since #tariffs are ways of regulating revenue.
“Embargoes stop the shipment, tariffs start the tax bill. ...Tariffs are constitutionally special because our founders feared revenue raising, unlike embargoes,” Katyal said. “You know, there was no ‘Boston Embargo Party,’ but there was certainly a Boston Tea Party.”#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwQVUbKDhfSnNln7o by Nonilex@masto.ai
2025-11-05T16:51:10Z
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#Roberts pushedback on Katyal's claim that #tariffs fall squarely within #Congress' taxing power.Roberts said: “Sure, the tariffs are a tax, & that’s a core power of Congress, but they are a foreign-facing tax, right? And foreign affairs is a core power of the executive.”He added that #Trump's tariffs at issue in the case "were quite effective in achieving particular objectives," noting that Trump’s tariffs have undoubtedly given him leverage in making recent #trade deals.#law #SCOTUS
(DIR) Post #AzwQatQFMWrDE2AAro by Nonilex@masto.ai
2025-11-05T16:52:06Z
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"I don't think you can just separate it when you say, 'Well, this is a tax -- it's Congress' power,'" #Roberts said. "It implicates very directly the president's foreign affairs power."Katyal responded that a president’s emergency powers are not limitless, & that the public needs to know what these limits are.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwQkpidzBacdTVZ44 by proscience@toot.community
2025-11-05T16:53:56Z
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@Nonilex Roberts lying, how surprising. Not.
(DIR) Post #AzwQw51XQJqfHuhzma by Nonilex@masto.ai
2025-11-05T16:55:59Z
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#Katyal argues that “the president is seeking the power to set aside all of our trade treaties unilaterally under the word ‘regulate.’ I just don’t think it can bear that weight.”A NYT analysis today shows just how fundamentally #Trump has already altered the trading system from the one based on #US agreements at the #WTO & #trade agreements approved by #Congress.https://www.nytimes.com/interactive/2025/11/05/business/economy/trump-tariffs-us-imports.html?smid=nytcore-ios-share&referringSource=articleShare
(DIR) Post #AzwR28TVVO2VjFg7wO by Nonilex@masto.ai
2025-11-05T16:57:05Z
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More than 90% of imports are subject to some aspect of #Trump’s #trade policy — #tariffs he announced this year or during his first term, or a sweeping exemption granted to some products, at least temporarily.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwRAYX6VR50rZNN1E by Nonilex@masto.ai
2025-11-05T16:58:36Z
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Justice #Alito asks whether #SCOTUS should address #Trump’s authority to impose #tariffs under authorities other than the law at issue in the case. That would be unusual, and his question indicates that he may think the administration is in trouble on the central issue in the case.#PartisanCourt #ActivistCourt #AbuseOfPower #economy
(DIR) Post #AzwRQZbMIhVSoK0I0u by Nonilex@masto.ai
2025-11-05T17:01:30Z
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Justice #Alito asked #Katyal about his argument that the #Trump admin’s #tariffs violate the “nondelegation doctrine,” a legal theory that prevents #Congress from delegating its legislative powers to other branches of government. The doctrine has been pushed in recent years primarily by #conservative legal groups.#SCOTUS #law
(DIR) Post #AzwRWCbmhYDVEht3dA by Nonilex@masto.ai
2025-11-05T17:02:31Z
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“I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the nondelegation argument?” #Alito asked of #Katyal, who served in the Obama admin.Katyal was quick to respond. “Heck yes, Justice Alito. I think Justice #Gorsuch nailed it on the head when saying that when you’re dealing with a statute that is this open-ended – unlike anything we’ve ever seen – to give the President this power.”#SCOTUS #law #tariffs #PartisanCourt #Trump #economy
(DIR) Post #AzwRzMdOVJmojGXs9Y by Nonilex@masto.ai
2025-11-05T17:07:47Z
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#Katyal said that the government has argued in this case that #refunds could be issued later if #tariffs are overturned.
The government opposed a preliminary injunction in this case by saying “oh, don’t worry, we’ll give the refunds later,” he said.
It’s unclear how much would be refunded or who would get money back if the tariffs are halted.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwSCxvz8SYMB2j7fU by Nonilex@masto.ai
2025-11-05T17:10:15Z
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#Katyal argued that the president has other authority to impose #tariffs, without relying on a national emergency.For example, he cited Section 122 of the Trade Act of 1974, which allows the president to combat trade deficits by imposing tariffs of up to 15% for up to 150 days without congressional approval.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwSEPpMukjkyaK6qm by huntingdon@mstdn.social
2025-11-05T17:10:26Z
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@Nonilex Poor Justice Alito. Some chefs hate to eat their own cooking.
(DIR) Post #AzwSTKgUJqFhMuHZvk by huntingdon@mstdn.social
2025-11-05T17:13:05Z
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@Nonilex That tariffs affect foreign commerce is axiomatic. So, too, is that they are primarily a tool to manage the domestic economy.
(DIR) Post #AzwSZSFL7GKEYkVGN6 by huntingdon@mstdn.social
2025-11-05T17:14:16Z
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@Nonilex Everyone who has a passport might be considered "foreign facing" Justice Roberts. That doesn't mean they are not subject to domestic laws, that Congress has no power over them, or that the Constitution does not apply to them.
(DIR) Post #AzwSfOuWQnvVx2bLea by Nonilex@masto.ai
2025-11-05T17:15:22Z
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Justice #Kavanaugh points to FEA v. #Algonquin, a 1976 tariff that was upheld by #SCOTUS.The court unanimously ruled for President Gerald Ford in a case about the imposition of #tariffs on oil imports, based on a different statute that also doesn’t mention the word tariffs.“The court 9-0 rejected the argument” that the absence of the word tariff doomed Ford’s action, Kavanaugh said.#law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy https://supreme.justia.com/cases/federal/us/426/548/
(DIR) Post #AzwSsP65385EIICxZQ by Nonilex@masto.ai
2025-11-05T17:17:43Z
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#Katyal responded to #Kavanaugh that #Algonquin was one import. Not #tariffs broadly applied to numerous countries across the board.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwSxgY3arl9rkoQ4m by PonderStibbons@mas.to
2025-11-05T17:18:39Z
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@Nonilex Thank you for the thread.
(DIR) Post #AzwT3niRrEGbpjaZOK by Nonilex@masto.ai
2025-11-05T17:19:47Z
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One major issue hanging over oral arguments is the extent to which the #Trump admin must refund tariff revenue in the event that the justices find its policies to be illegal.Speaking on behalf of the challengers, #Katyal acknowledged it is a “difficult” question. But he generally seemed to suggest the court had many options at its disposal & could reconcile that later—including, for example, by limiting its decision “to prospective relief.”#SCOTUS #law #tariffs #AbuseOfPower #Trump #economy
(DIR) Post #AzwUMMOdkrMcYljmUq by huntingdon@mstdn.social
2025-11-05T17:34:11Z
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@Nonilex Courts do not give much weight to how hard it is on a thief to make restitution to those from whom they've stolen vast sums of money. The thief was never entitled to it.We're also talking about a garden variety USG debt. The US issues its own currency and has more resources than all or most govts on the planet. Fairly repaying money illegally taken may be difficult. It's not a reason for the courts to avoid making the thief pay their debts. See, Alex Jones.
(DIR) Post #AzwUeF5VfO0f6aJf96 by Nonilex@masto.ai
2025-11-05T17:37:18Z
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Benjamin Gutman, Oregon’s solicitor general, is making his first oral argument appearance before the justices on behalf of a group of #states that challenged the #tariffs.#Kavanaugh asked, why would #Congress give the president the power to shut down #trade but not to take a less severe step, like impose a 1% tariff. That, he said, appeared to underscore the govt’s claim, creating an “odd donut hole in the statute.”“It’s not a donut hole,” responded Gutman. “It’s a different kind of pastry.”
(DIR) Post #AzwUw5Ismbs9yL4xXc by Nonilex@masto.ai
2025-11-05T17:40:45Z
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We are approaching the 2½-hour mark in #SCOTUS’ tariff oral argument. So far, the justices have heard argument in defense of Trump’s #tariffs from Solicitor General D. John Sauer. They then heard the argument against the tariffs from Neal #Katyal, lawyer for small businesses who challenged the tariffs.Now, they are listening to the argument against the tariffs by Benjamin Gutman, the solicitor general of Oregon, who represents a group of states that challenged the tariffs.#law #Trump
(DIR) Post #AzwVbMUjlsrtA9J3nU by Nonilex@masto.ai
2025-11-05T17:48:14Z
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An emerging theme, from the conservative justices, is that the president’s concededly broad power to shut down #trade generally may include the lesser power to impose #tariffs. That echoes the admin’s position.Justice #Sotomayor jumped into the questioning & refocused the case back on a primary argument against the tariff programs, that the #Constitution gives #Congress, NOT the president, the #power to #tax.#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwVkm9fjj1LLvwU2i by Nonilex@masto.ai
2025-11-05T17:49:58Z
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#Sotomayor: “We’re forgetting here is avery fundamental point, which is the #Constitution is structured so that if I’m going to be asked to pay for something as a citizen, that it’s through a bill that is generated through #Congress, & the president has the power to veto it or not, but I’m not going to be taxed unless both houses, the executive & the legislature, have made that choice, correct?”#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwW0QHgopn69h9aD2 by Nonilex@masto.ai
2025-11-05T17:52:47Z
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At one point, #Sotomayor listed some of the #tariffs #Trump had imposed, & the wide ranging reasons he had done so — pointing to examples like #Brazil. That country is facing steep duties as Trump looks to protect his political ally, #Bolsonaro, from prosecution.She concluded with a rhetorical question: “The point is, those may be good policies, but does the statute…[give]…without limit the power to the president to impose this kind of tax—does it require more than the word ‘regulate’?”#law
(DIR) Post #AzwWE1z5xiPIqQweP2 by Nonilex@masto.ai
2025-11-05T17:55:15Z
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#Sotomayor also mentioned the additional 10% tariff #Trump slapped on Canada for airing an advertisement he didn’t like during the World Series. These clearly don’t fall under the admin’s claim of a #trade “emergency”.#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
(DIR) Post #AzwWJLpbbCtdqZ2jQW by Nonilex@masto.ai
2025-11-05T17:56:11Z
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Sauer gave his brief rebuttal.The case is submitted.Court adjourned.
(DIR) Post #AzwXfrSOnPqkG0UBkW by cartoonfoxes@mastodon.uno
2025-11-05T18:11:26Z
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@Nonilex thanks a lot for your effort
(DIR) Post #AzwhGdX2QodPN4GaeW by CarlataOld@mas.to
2025-11-05T19:58:56Z
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@Nonilex I keep wondering where is the revenue that's being raised? Prices are higher to offset the #Tariffs, so consumers don't have it. We have less than before the tariffs. Is it in the #Treasury? If so, it should pay for health care. If it's not in the Treasury, does trump have it?
(DIR) Post #AzwrKs5bFSKdDi5fhw by darth_hideout@mas.to
2025-11-05T21:51:46Z
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@Nonilex It’s like saying exhaust from a vehicle is only incidental, therefore it’s not an exhaust-producing vehicle.
(DIR) Post #AzwxptwizgfHgI7Q4u by Michaels@mas.to
2025-11-05T23:04:36Z
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@Nonilex Tariffs will likely lead to economic ruin akin to the Great Depression.