Posted on 11/05/2025 6:22:54 AM PST by Bruce Campbells Chin
Beginning at 9:30 a.m., we will be live blogging as the court hears oral arguments in Learning Resources, Inc. v. Trump.
Tariffs
-PJ
SCOTUS under Roberts is a political entity. I think the results of last night will influence their decision. Forget interpreting the law, Roberts will have the court bending a knee to where he believes power is headed.
I’d like to be wrong.
I don’t have a good feeling about this...
"The court will have to decide three questions:
1. Whether IEEPA authorizes the tariffs imposed by President Trump pursuant to the national emergencies declared?
2. If IEEPA authorizes the tariffs, whether the statute unconstitutionally delegates legislative authority to the President in violation of the nondelegation doctrine?
3. And whether President Trump met requirements under IEEPA when establishing his global tariffs program and whether judges may review the factual basis for his emergency declaration?
Which seems correct. I think the case is decided on 1), and against the Administration.
I think 2) and 3) may be intertwined. I think that if it were decided under 3) that the President's declaration of an emergency is nonreviewable, that makes a stronger argument under 2) that it is an unconstitutional delegation of legislative authority.
I think you are a globalist POS
Of course past Presidents have used emergency tariffs ,even Reagan. Reagan used EMBARGOS! Of course this is now a big deal because it’s Trump.
This SCOTUS case is bringing out all the Free Traitors.
I have a good feeling....extraordinarily good.
bkmk
No, they have not. This particular statute has never been used before for the imposition of tariffs. Nowhere in the statute does it even mention tariffs, taxes, duties, at all. Reagan imposed tariffs under specific statutes that directly authorized the imposition of reciprocal tariffs. And to the extent Trump has imposed other tariffs under those same statutes, those are not being legally challenged and are not at issue in this case.
The problem the administration is going to have on oral argument is that if the Court accepts its interpretation of this - That the president has unreviewable authority to declare an emergency whenever he wishes, and can impose whatever tariffs he wishes - that basically wipes out of existence every other tariff statute. Because after all, if you can do everything under this statute, why would you need any other ones?
SCOTUS is likely to conclude that Congress would not have passed such a statute without being a lot more clear that it included tariffs. And if it did pass such a statute, then you would have the question of whether or not such an unlimited delegation of legislative power is even constitutional.
There are two things both parties agree with : ethnically replacing White Americans and sending every job possible overseas.
Yes, I know, you've made that point before. And I think you're a twit who either is completely ignorant of the Constitution, or simply doesn't care what it says. Now that we've confirmed our mutual dislike yet again, back to the case.
Maybe I'm misremembering, but I could have sworn that both the president and the Secretary of Treasury have stated that it would be catastrophic for the economy if the revenue from these tariffs was lost. Yet, the SG is saying the revenues are incidental.
The SG and Kagan - who unlike KBJ and the Wide Latina is not an idiot - having a good back and forth on textual interpretation regarding whether or not the statute permits tariffs despite never mentioning them.
sG Sauer is doing a good job with a tough case.
The International Emergency Economic Powers Act grants the President sweeping authority to regulate international commerce during a declared national emergency.
Trump has declared a national emergency and imposed the power act. The House and the Senate can pass a joint resolution to end the emergency.
They have not passed a joint resolution.
So the it seem clear that Trump has a strong case in the Supreme Court.
China threatening to cut off rare metals is an “emergency”.
If you have a Scotus ping list, please add me to it.
TIA
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