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 ...
I was against Biden’s unilateral loan forgiveness, which the courts struck down, and I’m against Trump’s unilateral tariffs, which the courts are also striking down, under the same logic (I know there has been a stay, but that is temporary). If you want the courts to stop overreach by Democratic presidents, they will do the same to Republican presidents. That’s the point of the article.
Those limits don’t apply to Trump.
Those limits don’t apply to Trump.
So then every executive function by a president can be codified into law, so that the president becomes nothing more than somebody who does what he is told by the legislative branch and the judicial branch?
Where does the power of the other two branches of government stop??
Just because Congress passes a law, doesn't make it constitutional.
This is so stupid.
Pardoning student debt? Trump’s executive orders are not remotely similar to this. And didn’t Congress vote against this also?
And the Legislative Branch allocates money for the agency. It's doesn't mean that the Chief Executive has to use it.
You didn’t read this one either. The article explains how and why the basis for rulings that Trump sought are now being used against him. It isn’t an opinion piece for or against DODGE.
Quit echoing what you read about an article and read the article instead and try to understand what they are explaining.
This article is correct. Trump has rightfully sought to repeal Biden and Obama orders is at times going against him.
“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.”
It explains. You can accept their explanation or offer a different one that fits the facts. But Trump good everything else bad doesn’t expand our understanding.
Strange. Limiting executive power has been a goal of the conservative movement since FDR. Until this year.
This is utter garbage and you fell for it the "rule of our law" ruse against "rule of law" which is entirely different. "our national defense" and "our democracy" and "our rule of law" are all the same. They are defenses erected by our "cosa nostra" grifters and swindlers to avoid the bigger issues about what is the good for the People. This garbage would stand not one second against a first year undergraduate Aristotelian analysis but you in your doltishness fell for it. It's a swindle from start to finish.
Since you are a proponent of it I have to ask, are you a grifter too?
What is the “greater good” that the presumed good of good government aims. Government is not the end in itself but the good of the People. Swindlers and grifter hiding behind the law or a BS WSJ article are not the good at which government is aimed, nor is swindling a good of good government. Stop being clever jerk like Roberts.
And while your rule of law may think unelected judges who conspire with invaders and their NGO scamsters are protected, no believer in the common good involving the security of the People would tolerate entertaining this proposition for a minute.
The WSJ is an open sewer now. Gone.
The article is behind a paywall.
And you've posted no explanation "how and why the basis for rulings that Trump sought are now being used against him".
It has long been assumed (accurately) that Karpov has been vainly trying to observe the maxim that it is better to remain silent and be perceived as an ignorant jackass, than to open his/her/its mouth and remove all doubt as was hilariously done in Post #21 with this:
"...I was against Biden’s unilateral loan forgiveness, which the courts struck down, and I’m against Trump’s unilateral tariffs, which the courts are also striking down, under the same logic (I know there has been a stay, but that is temporary). If you want the courts to stop overreach by Democratic presidents, they will do the same to Republican presidents. That’s the point of the article..."
He/She/It doesn't know the American Constitution or American history as a precedent, and doesn't understand that Presidents do have the power to unilaterally levy Tariffs and have done so throughout history.
That is a fact, and no heaping of garbage from the New York Times, the Wall Street Journal, or Forbes (He/She/Its sources of choice) is going to change it.
But then knowing the Constitution or American history is not in any way "the point" on Free Republic for the likes of that parasitic insect. That is not what that entity is here for.
The fact that in Post #21 He/She/It likens Biden's actions (not even Biden's actions, but the actions of unelected people who surrounded him) in his unlawful endeavors to break legal agreements between lenders and borrowers, resulting in those burdens being placed unfairly and unconstitutionally on the backs of taxpayers in an effort to get those unburdened loan-leeches to cast their vote for Biden-Harris, to the actions of a legally elected Trump who is acting fully within his powers to protect all Americans (even the ignoramuses who didn't vote for him) and does so within the historical precedences of the office of the American Presidency shows the total focused ignorance, stupidity, and vacuous anti-American proclivities of the entity that started this thread.
And a final note since you want to stand on “the laws” - what is the good at which laws aim - answer Justice. So when the laws result in injustice are they good or bad laws? Answer - bad laws. And when the sovereign refused to correct bad laws what is the remedy - well under the Declaration of Independence - rebellion and establishment of a new secular order that provide justice.
Well, aren't you special. But where was WSJ or your response when he ignored the ruling(s) and kept up the plan with tweaks here & there to gain more votes from those who have student loans?
At least DJT is following the constitution by fighting the lawfare. He hasn't just ignored the unlawful lawfare. The point is that tariffs are not an overreach by Trump, as the constitution gives the president the right to enact tariffs, and presidents, including Obama & Reagan who enacted tariffs against predatory acts by other nations. The overreach is by judges stopping the president for doing things that a president is granted by the constitution. What Biden tried to do by forgiving debt that people had willingly agreed to to get an education. No where in the constitution does it give the president the right to forgive debts. Debts can be forgiven by the courts, but only under declarations of bankruptcies.
So, how exactly are tariffs negatively impacting you? If you pay attention to other news, other than the news that plays you favorite tune, hatred for Trump, you just might find that the economy is improving. Tariffs are a means to an end, and that end is to save this nation and make it once again the powerhouse it was economically, militarily. Not to continue bullying the world into submission, but to promote peace instead of war, which should absolutely be the last resort when all attempts fail at securing peace.
Neither you nor the degreed idiots at the WSJ have the brains to even understand that Trump is trying to return this nation to its founding goals & principles to create a more perfect union from a nation that was created lacking that perfection, because that perfection could not be created overnight. Yet it set the framework for it to work towards that perfection. That framework was very heavily dependent that the people would remain loyal to the Lord, for it required people to have a moral compass.
So, where is your moral compass? It doesn't exist because you are too absorbed with hate, and the WSJ has the same problem.
So, you are basically against tariffs, what is your plan bright boy. Because the world uses tariffs against us, which raises the cost of products produced in America, which results in companies moving their production to other countries that employ slave labor, suppressed wages , intellect property theft, quotas, currency valuation manipulation and nefarious tactics. All which have eviscerated our middle-class which was the revolutionary idea created by the framework the founders had established for this nation to become prosperous and give people a say in their lives to enjoy the American dream of freedom & ownership.
So, do you also hate that, you intellectually wanting genius?
I am so tired of intellectual bozos that are single issue idiots who provide nothing to make this world a better world. Tariffs are being used to stop the abuse this nation has been subjected to. We actually created the imbalance in trade after the war, and we did so to help Europe & the enemies we defeated in combat to be able to rebuild their lives for their people. But that rebuilding process ended a long time ago, and now we need to face the decay this nation has endured as we sacrificed for that endeavor.
If you want to destroy this nation, just stay on the path you are currently on & keep listening to the sources you listen to who are seeing their gravy train being threatened, because they reaped handsome rewards for selling out this nation, and yes I am talking about Wall Street, and their creations like the WSJ, New York Slimes, the Washington Compost & many other so-called news delivers. Who really deliver propaganda for the oligarchs that keep them afloat.
If you are successful with your ignorance, then I hope you live a long life to see what you had fought so hard for, out of pure ignorance. You do not even know the constitution at all, or that it does give the president the power yto enact tariffs upon foreign predatory nations. Right now, all nations are acting in predatory ways, including are so-called allies whom we have saved at least 2 times in both world wars. Ignorance is bliss, I know because I too lived in ignorance about my own country, and the document created to state & limit its powers to run this nation.
I said pretty much the same thing, but admittedly with not as much eloquence. 🙂👍
At lest I finally got him engaged, for until we get him engaged we can never teach him where his fallacies lie with regard to tariffs. I have a friend who keeps harping on the same topic, but he will never respond how free trade has really helped us. The financial powerhouse that was created in this nation wasn't created by free trade. It was created by the atmosphere that encouraged & provided the ability to create innovations, or as my dad used to say build a better mouse trap. Regulations have stifled that ability, and free trade has only allowed the world to take advantage of the stupidity government has enacted o protect those who are in control of their money making niche & stifle that innovation process. They did so for them to support them & enrich them both. Trump is a wrecking ball that is trying to change that government/business relationship that is very similar to the fascist model that Mussolini had set up.
He also is blind to the fact that he is supporting true evil.
Trump is a wrecking ball?
He’s blind to evil
No
But there obviously are two sides to that coin.
FYI Some history here about Presidential authority on tariffs ...
https://www.congress.gov/crs-product/IF11400
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