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Trump Championed Rulings That Are Now Being Used to Check His Power
Wall Street Journal ^ | May 31, 2025 | Jess Bravin and Jan Wolfe

Posted on 05/31/2025 4:02:36 AM PDT by karpov

During the Biden administration, conservative challengers won Supreme Court victories that limited the president’s power to craft policy in matters from student-debt relief to air pollution. Now, those precedents are returning to haunt one of their greatest champions: President Trump.

On Wednesday, a specialized federal court in New York invalidated the worldwide tariffs Trump imposed to address a range of issues on his agenda, from international trade imbalances to cross-border trafficking of fentanyl.

The unanimous decision by the U.S. Court of International Trade relied in part on the “major questions” doctrine, which the Supreme Court adopted in 2022 to bar federal agencies from “asserting highly consequential power” unless Congress has clearly delegated such authority to the executive branch. The trade court also invoked Loper Bright Enterprises v. Raimondo, a 2024 opinion overruling a 1984 doctrine known as Chevron deference that had required courts to defer to federal agencies’ interpretation of ambiguous laws.

Conservative legal activists worked for years to get such rulings from the Supreme Court, and the votes of three Trump appointees helped deliver them. In dissent, liberal justices warned against hamstringing Washington’s ability to respond to national problems.

In an April executive order, Trump declared the precedents as a cornerstone of his regulatory policy. The order directed agency heads to begin repealing regulations they decided were unlawful under 10 Supreme Court decisions, beginning with Loper Bright and the major questions cases.

Those same cases now threaten to curb Trump’s expansive claims of executive power and restrain some of his boldest moves.

On Thursday, a furious Trump questioned the trade court’s reasoning. “The horrific decision stated that I would have to get the approval of Congress for these Tariffs,” he said on social media. “Is it purely a hatred of ‘TRUMP?’ What other reason could it be?”

(Excerpt) Read more at wsj.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: checkersmaximus; majorquestions; nevertrump; nevertrumpscum
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1 posted on 05/31/2025 4:02:36 AM PDT by karpov
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To: karpov

Ahhh, The New York Wall Street Journal-Times.


2 posted on 05/31/2025 4:06:45 AM PDT by Psalm 73 ("You'll never hear surf music again" - J. Hendrix)
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To: karpov

Carefull Icarus (WSJ), your bias is showing.....


3 posted on 05/31/2025 4:11:37 AM PDT by Steven Tyler
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To: karpov

Breaking contracts isn’t a presidential power; dissolving an agency that reports to the president is.


4 posted on 05/31/2025 4:11:47 AM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: karpov

Trump is doing what he said he would do his frequent campaign rallies

Nothing more. He also is acting within his legal boundaries. He always does.

The country voted for him and for what he is doing.

The WSJ could do more to keep the country informed about the outrageous spending the Congress is sinking the country with.

Instead they’re propagandizing Trump

Sowing doubt where we are trying to fix a mess


5 posted on 05/31/2025 4:17:56 AM PDT by stanne (Because they were mesmerized by Obama, the man for whom this was named, whose name they left out of )
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To: karpov

So is the WSJ demanding that Congress make permanent the DOGE cuts?? I didn’t think so.


6 posted on 05/31/2025 4:26:48 AM PDT by AndyJackson
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To: coloradan
Breaking contracts isn’t a presidential power; dissolving an agency that reports to the president is.

Is it?

I thought that if Congress creates an agency, the President can administer it (without overruling the agencies' mission set by Congress), but the President cannot dissolve it.

For instance, if Congress creates an IRS to collect the income tax, the President can administer the IRS, but cannot order it to stop collecting income tax, much less dissolve the IRS.

7 posted on 05/31/2025 4:32:06 AM PDT by Angelino97
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To: karpov

If we had Republicans who had some nads, Trump just needs to present a budget with all the cuts. But Republicans are vaginas and will do nothing.


8 posted on 05/31/2025 4:36:40 AM PDT by Hyman Roth
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To: karpov
During the Biden administration, conservative challengers won Supreme Court victories that limited the president’s power to craft policy in matters from student-debt relief to air pollution. Now, those precedents are returning to haunt one of their greatest champions: President Trump.

Okay Karpov, and you too WSJ, tell us what great policies was Biden crafting? He was doing nothing that was helping either the people or this nation. But apparently that is unimportant to either of you. His policies were doing nothing but creating chaos & seeding destruction that unleashed a whirlwind that hs left this nation in shambles.

Now for once Karpov, prove that you are actually a human, and respond in defense to your stupid post from stupid people, instead of doing your usual hit & run posts.

Lets see if for once you can actually be a man, instead of the disruptive little mouse that you have so far shown yourself to be.

9 posted on 05/31/2025 4:45:20 AM PDT by Robert DeLong
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To: Robert DeLong; karpov
Now for once Karpov, prove that you are actually a human, and respond in defense to your stupid post from stupid people, instead of doing your usual hit & run posts.

The Dead Internet theory says that, already, the majority of social media activity is with bots and by next year will comprise some 90% of all interactions. I'm guessing that you're wasting time with the Karbot.

10 posted on 05/31/2025 4:53:36 AM PDT by Sirius Lee ("Never argue with a fool, onlookers may not be able to tell the difference.”)
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To: Sirius Lee

Well, I was talking to FR to be honest. I am not for censorship, but since this person never engages, but rather posts & runs, perhaps they need to look into if this is a real person or a bot. After all, he uses up bandwidth that increases the costs to keep this site up & running without ads.


11 posted on 05/31/2025 5:08:08 AM PDT by Robert DeLong
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To: AndyJackson

You must not be a WSJ reader. They are calling to make DODE cuts permanent.


12 posted on 05/31/2025 5:08:11 AM PDT by FreedomNotSafety
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To: karpov

If he indeed previously championed a ruling, that “championed” case would not reach the Court again.


13 posted on 05/31/2025 5:11:59 AM PDT by jimfree (My 22 y/o granddaughter continues to have more quality exec experience than Joe Biden.)
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To: FreedomNotSafety

Well this article isn’t and they publish this garbage instead. DOGE cuts - and more - are necessary to cut off the grift to the grifting class who need to be cut off for the rest of us to breath.


14 posted on 05/31/2025 5:12:11 AM PDT by AndyJackson
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To: karpov

The assumption is that Trump’s goal is to eliminate an agency when it might just be to downsize. The employees who do not know if they have a job from one court ruling to another is one way to get employees to move on.

Selling beyond the close is a trademark of Trump.


15 posted on 05/31/2025 5:17:01 AM PDT by Raycpa
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To: karpov

The Wall Street Journal is a liar.


16 posted on 05/31/2025 5:18:02 AM PDT by yldstrk (Nothing like the truth)
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To: Angelino97

Agencies are part of the Executive branch.


17 posted on 05/31/2025 5:19:52 AM PDT by yldstrk
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To: karpov

Bot-kov appears!


18 posted on 05/31/2025 5:23:20 AM PDT by Old West Conservative
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To: yldstrk

Yes, I know

So what?

The Chief Executive runs the agency. Doesn’t mean he can abolish it.


19 posted on 05/31/2025 5:26:42 AM PDT by Angelino97
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To: Robert DeLong

I, too, click on agitprop like this from time to time out of some morbid curiosity. I usually regret it. Think Phil 4:8.


20 posted on 05/31/2025 5:29:18 AM PDT by ScottHammett
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