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The Supreme Court, tariffs, and judicial consistency
https://www.scotusblog.com/2025/09/the-supreme-court-tariffs-and-judicial-consistency/ ^ | September 15, 2025 | Erwin Chemerinsky

Posted on 09/17/2025 5:07:55 AM PDT by Miami Rebel

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The article above is an opinion piece, and whether or not you agree with it, it clearly states the legal issues upon which the case will be decided.

It is not a clearcut case: the Heritage Foundation supports the government's position, the Federalist Society opposes it.

As of yesterday, Polymarket's betting line gives a slight edge to the government's case failing: you need bet $.48 to win a dollar if you think the tariffs will be upheld, whereas a decision striking the tariffs require $.53.

1 posted on 09/17/2025 5:07:55 AM PDT by Miami Rebel
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To: Miami Rebel

Get ready to lose Free Traitors.


2 posted on 09/17/2025 5:09:56 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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To: Miami Rebel

If 47 loses in SCOTUS, P. Navarro said on Maria this AM that they have a Plan B - which they are keeping quiet until after SCOTUS rules.


3 posted on 09/17/2025 5:20:04 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: PIF

I’d say just a plan B is not enough, because I know the left is united in hate.


4 posted on 09/17/2025 5:25:40 AM PDT by Bayard
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To: Miami Rebel

Ok yeah written by Erwin Chemerinsky. LOL. You just know it is going to be an honest evaluation of the constitutional issues at play.


5 posted on 09/17/2025 5:32:47 AM PDT by Dartoid
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To: Miami Rebel
The stakes in the litigation are enormous. Tariffs are a crucial part of Trump’s agenda, with huge consequences in the United States and throughout the world.

I disagree with this point. The consequences will be limited, and these tariffs will be no more consequential than a Trump executive order renaming the “Gulf of Mexico” to the “Gulf of America.”

I wouldn’t be surprised if the Trump administration loses this case by a 9-0 margin in the Supreme Court.

6 posted on 09/17/2025 5:40:58 AM PDT by Alberta's Child ("Although my eyes were open, they might just as well be closed.")
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To: Alberta's Child

Your complete misunderstanding of global economics never ceases to amaze.


7 posted on 09/17/2025 5:43:04 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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To: Alberta's Child

Also all of you FreeTraitors better to get ready to lose. Your globalist/marxist experiment is about to be put down .


8 posted on 09/17/2025 5:45:10 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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To: central_va

Why, if it isn’t Johnny One-Note, endlessly spewing the same tired insults.

If you are so confident, you should really visit that gaming site I mentioned. You’ll double your money if these tariffs are upheld. You’re welcome!


9 posted on 09/17/2025 5:48:15 AM PDT by Miami Rebel (Yep. I'd rather trThaust Smithfiekd and their Chinese overlords.)
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To: Miami Rebel
But the issue that the Supreme Court will decide is not whether the tariffs are desirable. Rather, the legal question is whether the International Emergency Economic Powers Act authorizes the president to impose tariffs via executive order.

Way too many people on the right are ignoring the bolded distinction because they support tariffs.

I do think there is another potential question - even if SCOTUS were to find that the IEEPA authorizes these tariffs - though I don't think they will - they could then argue that it was such a complete delegation of legislative authority so as to be unconstitutional on that ground.

I think it goes down at least 6-3. But, the President can then ask Congress to pass those same tariffs, and perhaps it will.

10 posted on 09/17/2025 5:48:31 AM PDT by Bruce Campbells Chin ( )
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To: central_va
Right. I’ve at least worked directly with many large U.S. manufacturers and their shipping partners in the course of my work over the years. I’ve even sat on expert panels with them at professional conferences.

And your expertise is …?

11 posted on 09/17/2025 5:49:09 AM PDT by Alberta's Child ("Although my eyes were open, they might just as well be closed.")
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To: Alberta's Child
I wouldn’t be surprised if the Trump administration loses this case by a 9-0 margin in the Supreme Court.

I wouldn't either.

12 posted on 09/17/2025 5:49:36 AM PDT by Bruce Campbells Chin ( )
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To: Bruce Campbells Chin
Way too many people on the right are ignoring the bolded distinction because they support tariffs.

Exactly. I support tariffs in principle, but I also understand the bolded distinction you posted.

13 posted on 09/17/2025 5:51:34 AM PDT by Alberta's Child ("Although my eyes were open, they might just as well be closed.")
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To: Alberta's Child

I watched the USA de industrialize over the last 30. To be an expert just drive around and look at all the dead factory towns. I am worried if you traitors lose we will see violence from that evil faction.


14 posted on 09/17/2025 5:51:45 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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To: Bruce Campbells Chin

Trump and America will win. Will you globalists Free Traitors get violent when you lose? After all you Free Traitors are part of the political left wing.


15 posted on 09/17/2025 5:54:14 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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To: central_va

Driving around dead factory towns does not make you a Constitutional authority.

“I am worried if you traitors lose we will see violence from that evil faction.”

Who’s the “evil faction”?


16 posted on 09/17/2025 5:56:59 AM PDT by Miami Rebel (Yep. I'd rather trThaust Smithfiekd and their Chinese overlords.)
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To: Miami Rebel

lol but the left loves taxes right🤔😎


17 posted on 09/17/2025 5:58:12 AM PDT by blitz128
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To: central_va
Also all of you FreeTraitors better to get ready to lose. Your globalist/marxist experiment is about to be put down.

Your "FreeTraitor" schtick proves one thing - that when it comes to the Constitution, you are as results-oriented as the worst of the left. Right at home with the Wise Latina and KBJ.

Whether these tariffs are a good idea or not is irrelevant. What matters is whether: 1) they are authorized by the IEEPA, and 2) the IEEPA - if interpreted that broadly - is an unconstitutional delegation of legislative authority.

Whether or not the tariffs are good economic policy is a non-issue.

18 posted on 09/17/2025 5:58:38 AM PDT by Bruce Campbells Chin ( )
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To: Miami Rebel

By that thinking are not regulations that increase costs also “taxes”🤔🤔🤔🤔
Something dims also love😂


19 posted on 09/17/2025 5:59:39 AM PDT by blitz128
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To: Miami Rebel

You and all Free Traitors are part of the left. The left has been getting violent lately. Free Traitors may become unhinged when you lose.


20 posted on 09/17/2025 6:01:10 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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