I always try to be neutral and speak from the outside on the actions for each column. Well, can’t quite do that this time. I’m filled with glee that they did something “against” Trump. That just doesn’t happen these days. This was the first thing I saw in the news, and that’s one helluva way to wake up to! I may not be able to offer an in-depth opinion like our other writers can, but I can at least give you the basics. With thanks to CNN:
The Supreme Court on Friday ruled that President Donald Trump violated federal law when he unilaterally imposed sweeping tariffs across the globe, a striking loss for the White House on an issue that has been central to the president’s foreign policy and economic agenda. The decision is arguably the most important loss the second Trump administration has sustained at the conservative Supreme Court, which last year repeatedly sided with the president in a series of emergency rulings on immigration, the firing of the leaders of independent agencies, and deep cuts to government spending. Chief Justice John Roberts wrote the majority opinion, and the court agreed 6-3 that the tariffs exceeded the law. The court, however, did not say what should happen to the more than $130 billion in tariffs already collected.
How about those apples? It wasn’t all of what we were hoping for, but at least it’s a start. Now we can get all this with other countries, even China, smoothed out, and get some work done on the damn escalating costs. These tariffs have been hurting all of us. Allies are looking elsewhere for sensible product exchanges, so to speak. We were crabby about being hit in the wallet when he started this nonsense. Now it’s been thrown in his face. ILLEGAL.
“The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope,” Roberts wrote for the court. “In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it.” The emergency authority Trump attempted to rely on, the court said, “falls short.”
There was nothing that should have allowed him to do this in the first place. There was no damn emergency! Instead, it’s driving the economy down. That’s not helping. And Donnie didn’t think things through unless he wanted to screw America. That’s up for grabs. Did he, or didn’t he? It always comes down to him and his whims. That’s a part of what makes us angry, and our allies are being hammered by increasing costs.
In his opinion, Roberts brushed aside an argument from the administration that the president had the power to use tariffs to regulate commerce. That was an issue that came up during the oral arguments last year, as Trump suggested the president had inherent authority to issue the tariffs. “When Congress grants the power to impose tariffs, it does so clearly and with careful constraints,” Roberts wrote. “It did neither here.”
“We claim no special competence in matters of economics or foreign affairs,” Roberts wrote. “We claim only, as we must, the limited role assigned to us by Article III of the Constitution. Fulfilling that role, we hold that IEEPA does not authorize the president to impose tariffs.” The 6-3 majority offered no clarity on the specific practical question of what to do with the money the administration has already collected through Trump’s tariffs. That question will likely need to be sorted out by lower courts.
And right there is the problem. Companies are not getting that money back, much as they wish to. It would throw the economy so far off that it would take years to recover. The companies aren’t going to lower their prices now that the Trump tariffs will be eased. Trump wants to keep all that lovely money. He’s likely already spent it, knowing him. So, what it boils down to is that this is going to continue to crush the American people as usual. We should enjoy the win coming back to us thanks to SCOTUS. They finally did something right, so tariffs can be brought out, reviewed, and corrected. Congress may actually *do* something. See you soon!
Friends, I know everyone begs you for money. I promise that among all those asking for spare change, we are the smallest and the hardest-working. We’re a group of old, disabled people, except for one writer in his mid-50s. The rest of us are in our sixties and seventies, and this is a labor of love. All we’re asking for is the chance to keep telling the truth about Trump and help ensure democracy survives. If you can help, please do. Thank you. Ursula
Well, well, well. Found out who the holdouts were and no shock at two of them: Clarence Thomas, Samuel Alito and Brett Kavanaugh. Once more, Thomas and Alito prove they do NOT actually believe that “original intent” lie they’ve spewed when trying to stop progressive causes. The Constitution is CLEAR that only Congress has the authority to impose tariffs and that the President MUST inform Congress of CLEAR reasons for exercising an “emergency” imposition.
Kavanaugh’s dissent is spurious as his ONLY concern seems to be how the already-collected money will be dealt with. If Drumpf had been stopped A YEAR AGO from imposing the tariffs in the first place, there wouldn’t be any money needing to be refunded or returned; it is interesting that his dissent also shows that Drumpf doesn’t actually understand how tariffs are collected–Kavanaugh’s dissent clearly reads “returning the billions of dollars that it has collected from importers” (note “IMPORTERS” not “foreign governments,” the folks that Drumpf said would be paying the tariffs). Also, if the Supreme Court had PUT A BLOCK on the tariffs from being collected *until* a final decision was reached, there probably wouldn’t have been all those “billions of dollars.” But SCOTUS didn’t want to do that when they had the chance; nope–they let the tariffs be collected all along.
I was expecting Alito and Thomas, but was unsure about the other conservative judges. Amy Coney Barrett has been changing and thinking more about the actual results as well as looking at the other conservatives and realizing they’re POSs. Well, she seems that way to me now. We’re not going to see any money, however much they might pontificate about it. These ridiculous tariffs are horsepucky. The other people aren’t going to see the money either. It’s all in Trump’s hot littlwe hands and he never lets loose of money. It’s depressing when the people of America continue to get screwed.
Watching POS POTUS on TV. Folks…this ain’t over yet. He is NUTZ, infantile, insulting, embarrassing, the adjectives are endless. Beyond comprehension how we’ve even got to this point. I know blah blah blah heard it before. I’ve NEVER been so embarrassed for our country than when he opens his mouth and the lies spew. I’ve disliked people but not like this. All you people who voted for him this one is on you. My hope rest in the mid terms and the inevitable coming impeachment.
S
I didn’t vote for the orange tin god. I know people who did and it’s bloody embarrassing. I cringe every time he opens his mouth. And he is ignoring the decision. Our last tiny bit of hope is gone.
Great article, but refunds will not crush the country or crash the government. As Paul Krugman points out, the tarrifs represented only a tiny portion of the country’s economic activity, and as Lawrence O’Donnell points out, the government is adept ar refunding money, doing so millions of times a year on tax payments. The only disaster is that the disintegrating orange buffoon is still in office.
Wow, okay, oops, thank you for the information and the comment!