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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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To: usconservative

I’ve absolutely zero idea what Plan B might look like.


either does anyone else, since the existence of it was just mentioned this morning.


41 posted on 09/17/2025 7:22:39 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: Bayard

I’d say just a plan B is not enough

How can you judge plan that is not enumerated beyond its existence?


42 posted on 09/17/2025 7:23:59 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: PIF

About as well as imagining that there is a plan B to begin with.

A person can assume a lot, when there’s nothing but assumptions to go on here.


43 posted on 09/17/2025 7:28:13 AM PDT by Bayard
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To: Miami Rebel

All the noise about tariffs the fact about them countries stick it to the U.S. yet when we do it it’s somehow a bad deal.

Ignorant in motion.


44 posted on 09/17/2025 7:37:43 AM PDT by Vaduz
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To: Alberta's Child

There is a baseline tariff and tailored tariffs for each country. It is not haphazard at all.


45 posted on 09/17/2025 7:39:49 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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To: Vaduz

No, more like traitorous globalism in motion.


46 posted on 09/17/2025 7:41:04 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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To: Bayard

About as well as imagining that there is a plan B to begin with. A person can assume a lot, when there’s nothing but assumptions to go on here.

Well then, we must assume P. Navarro, 47’s senior counselor for trade and manufacturing, was lying ... to follow your argument.


47 posted on 09/17/2025 7:47:42 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: Miami Rebel

I’m all on board with the POTUS agenda, but man! The price of coffee has nearly doubled!


48 posted on 09/17/2025 7:48:06 AM PDT by Flaming Conservative ((Pray without ceasing)like he had it with him.)
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To: PIF

Oh heavens, a politician lying!?

Of course even a lie can be purposefully placed to lead people around as well.

You seem awfully fixated on argument over mere speculations which are based on nothing tangible.


49 posted on 09/17/2025 7:56:40 AM PDT by Bayard
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To: central_va

No, more like greed the democrats let them screw the U.S. for years proving kickbacks do pay off.

Demacoats and Rinos wink and count the cash.


50 posted on 09/17/2025 8:02:42 AM PDT by Vaduz
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To: Vaduz

It could be a bad deal. It could be a great deal.

But is it a Constitutional deal?

The Supreme Court is interested only in that question, not in the soundness of the policy.


51 posted on 09/17/2025 8:12:03 AM PDT by Miami Rebel (Yep. I'd rather trThaust Smithfiekd and their Chinese overlords.)
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To: Flaming Conservative

Coffee and meat. Ground beef in TN $7.99 lb.


52 posted on 09/17/2025 8:13:02 AM PDT by MayflowerMadam (It's hard not to celebrate the fall of bad people. - Bongino)
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To: central_va
I'm not a free trader. I don't oppose tariffs.

I just believe the Constitution and laws have to be followed, And I don't believe that the absolutely unfettered delegation authority that is being claimed under the IEEPA is constitutional.

I believe that separation of powers is the core structural safeguard in the Constitution, but too many conservatives only support that when it is convenient.

I fully support all of President Trump's efforts to rein in administrative agencies, including firing the heads of commissions, etc. I also agree with Supreme Court decisions that have ratcheted back the power of those administrative agencies, especially with the elimination of the Chevron doctrine. In short, I agree with Justice Scalia that these administrative agencies have become sort of junior varsity congresses that isn't authorized under the Constitution.

It is the job of Congress, not administrative agencies to pass laws. End of story.

But it isn't the job of the President to pass laws either, and that's what this claimed delegation does. The whole idea of Congress delegating significant authority to the president is an end run around the Constitution, and destroys separation of powers. I'd much, much rather have a Congress that was gridlocked and did absolutely nothing than a Congress that passed its authority to Presidents to do whatever they want.

You may love that idea now, when it is Republican in power. But you'd be singing a very different tune and if it was President AOC using the powers that you think the presidents should have.

53 posted on 09/17/2025 8:14:34 AM PDT by Bruce Campbells Chin ( )
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To: PIF
About as well as imagining that there is a plan B to begin with. A person can assume a lot, when there’s nothing but assumptions to go on here.

Well, it's at least safe to assume that Plan B isn't as good as Plan A.

54 posted on 09/17/2025 8:19:41 AM PDT by Bruce Campbells Chin ( )
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To: Miami Rebel

Perhaps there is more to it than meets the eye.

The President’s actions regarding the tariffs are popular. The tariff tax increase not possible in the Congress is seemingly accepted by the people.

SCOTUS declares the President’s action to be beyond the scope of the law he cited as permitting his action.

The Congress is then able to immediately legislate the tax increase in accordance with the popular President’s will.

We’ll see.


55 posted on 09/17/2025 8:23:21 AM PDT by bert ( (KE. NP. +12) Where is ZORRO when California so desperately needs him?)
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To: Miami Rebel

Over the decades, particularly after the Trade Act of 1930 (Smoot-Hawley), Congress delegated more authority to the President. This was done under the assumption that the President could make trade decisions more nimbly and would be less susceptible to special interest groups.
Laws passed by Congress, such as Section 232 of the Trade Expansion Act of 1962 and Section 301 of the Trade Act of 1974, allow presidents to impose tariffs under specific conditions, like national security threats or unfair trade practices


56 posted on 09/17/2025 8:32:45 AM PDT by Vaduz
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To: Bruce Campbells Chin

Congress has delegated tariff authority thru legislation. But you knew that.


57 posted on 09/17/2025 8:37:37 AM PDT by central_va ( I won't be reconstructed and I do not give a damn...)
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To: Republican Wildcat
You realize, of course, that if the Trump administration "wins" this case in the U.S. Supreme Court, then any trade negotiations in the future will be pointless? What's the upside for a foreign trading partner to sign a trade deal with the U.S. if it can be overturned in five years, five months, or even five hours at the discretion of any U.S. president?

I refer to this charade as "inconsequential" because no CEO with half a brain is going to make any major investment decisions for manufacturing products or sourcing raw materials based on a tariff policy that can change by the hour.

58 posted on 09/17/2025 8:40:49 AM PDT by Alberta's Child ("Although my eyes were open, they might just as well be closed.")
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To: Miami Rebel

The shame of it is that Trump is using Tariffs as a potent Diplomacy tool and is getting great results. If the decision goes against him, Congress needs to keep this arrow in the diplomacy quiver.


59 posted on 09/17/2025 8:43:01 AM PDT by NonValueAdded (First, I was a clinger, then deplorable, now I'm garbage. Feel the love? )
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To: central_va
It's "haphazard" because it isn't based on anything connected to reality. It's been just a group of economists and financiers making up crap based on numbers they read on spreadsheets.

Imposing tariffs to ensure balanced trade with every trading partner is retarded. The U.S. cannot possibly maintain balanced trade, for example, with very poor countries that supply us with raw materials and agricultural products that the U.S. doesn't even produce itself, yet can't afford to buy the expensive, advanced manufactured products that the U.S. exports.

"Let's sell a bunch of Ford F-150 pickup trucks and a Blackhawk helicopter to a village in Africa where they pick coffee and cocoa beans by hand for export to the U.S." -- said nobody, ever.

60 posted on 09/17/2025 8:46:56 AM PDT by Alberta's Child ("Although my eyes were open, they might just as well be closed.")
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