Anonymous wrote:
Johnson is warning SCOTUS to let Trump have his way. Never has there been such a wimpy Speaker. The Founding Fathers would be astonished.
https://www.courthousenews.com/johnson-rips-conservative-justices-after-scotus-questions-trump-tariff-powers/
Johnson, however, waved away the justice’s concerns, arguing that while Congress had a “role to play” in setting tariffs, the Trump administration was “well within the bounds” of its authority. He credited the president with addressing the country’s trade deficit, which he said was “truly a crisis.”
And the House speaker contended Trump had made it clear on the campaign trail that he would seek to impose sweeping tariffs if reelected.
“It’s not some surprise,” Johnson said. “He’s fulfilling the promise that he was elected to fulfill, in a literal sense. I think the court has to give deference to that.”
Johnson also pushed back on the idea that the Trump administration had trampled on congressional authority with its unilateral tariffs. The former constitutional lawyer repeated his oft-cited claim that he was a “jealous guardian” of congressional authority and pointed out that he would have gone to Trump himself if he believed the tariffs violated the Constitution’s separation of powers.
“I would have gone to the president privately and said, ‘hey, sir, enough. I think you’ve overstepped the bounds,’” Johnson said. “But that conversation didn’t happen, because I believe what he’s done is within the balance.”
He further argued it’s wrong to “read too much into” the justices’ questioning at oral arguments. He said the tough examination was part of the Supreme Court’s tradition of judicial review.
“This is how the process works,” he said. “I’m sure the court will look at this very carefully and deliberately, and I expect a majority of the court will say this administration is doing what they have the legal authority to do.”
Anonymous wrote:Where is the evidence of the ruined US economy?
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:They are not passing a law, they are asserting the Congress's constitutional ability to levy taxes and tariffs.
This.
Big day today for the United States. SCOTUS will hear Trump’s tariff case. Observers expect Trump to win but you have to wonder how yesterday’s drubbing of the GOP will affect the Roberts court.
Not even the WSJ believes this or reports this.
"Prediction markets anticipate the Supreme Court will most likely reject Trump's arguments. On Polymarket, bettors assessed the president's chances of victory at 39% early Wednesday. S&P 500 and Nasdaq-100 futures slipped ahead of the hearing, after markets stumbled Tuesday.""
https://www.wsj.com/livecoverage/supreme-court-tariffs-case-stock-market-11-05-2025?mod=hp_lead_pos2
This is what the WSJ may be hoping but most observers have argued that
SCOTUS will give deference to POTUS foreign policy privileges. Those were before yesterday though.
Please cite to those "most" observers. And not just one cite. Show support for your claim that a majority of Supreme Court analysts believe that the Court will uphold these tariffs.
Look, you seem to be taking this very personally. Trump’s tariffs seem to contravene the constitution. But so do a lot of his other actions which the Supreme Court has said are within his purview. The observers I’ve heard discuss have noted the fact that Trump has based them on a purported foreign policy emergency and that POTUS is given wide latitude on this.
But here’s a recent written example.
Economist: SCOTUSbot, The Economist’s AI tool to predict Supreme Court rulings, forecasts success for Mr Trump’s tariffs. In ten run-throughs (tapping into the three lower-court opinions, the administration’s opening brief and knowledge of each justice), the president wins nine times by margins of 5-4, 6-3 or 7-2. This more expansive reading of the IEEPA has bipartisan appeal: the Republican-appointed justices tend to defer to presidents, at least Republican ones, and two appointees of Barack Obama sided with Mr Trump at the Federal Circuit Court of Appeals—including Judge Richard Taranto, author of the dissent. Mr Trump’s tariffs on cars, copper and furniture (among other goods) are backed not by IEEPA but by Section 232 of the Trade Expansion Act of 1962 and Section 301 of the Trade Act of 1974. They are not at risk.
Anonymous wrote:Anonymous wrote:
This is far more fundamentally about who has the power to tariff. That constitutional power clearly resides with Congress and the other animating idea of this conservative court is the “nondelegation doctrine”. To oversimplify the idea that Congress cannot delegate its constitutional prerogatives to the executive.
Upholding the admin’s claims would upend the separation of powers on an unambiguous reading of both the constitution and IEEPA. It would be a betrayal of the principles these conservative justices claim to hold if they rule in favor of the admin.
The alternative is that the law allows for suspension of trade entirely, at the discretion of the President. Trump is arguing that tariffs are a lesser power than total suspension.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:They are not passing a law, they are asserting the Congress's constitutional ability to levy taxes and tariffs.
This.
Big day today for the United States. SCOTUS will hear Trump’s tariff case. Observers expect Trump to win but you have to wonder how yesterday’s drubbing of the GOP will affect the Roberts court.
Not even the WSJ believes this or reports this.
"Prediction markets anticipate the Supreme Court will most likely reject Trump's arguments. On Polymarket, bettors assessed the president's chances of victory at 39% early Wednesday. S&P 500 and Nasdaq-100 futures slipped ahead of the hearing, after markets stumbled Tuesday.""
https://www.wsj.com/livecoverage/supreme-court-tariffs-case-stock-market-11-05-2025?mod=hp_lead_pos2
This is what the WSJ may be hoping but most observers have argued that
SCOTUS will give deference to POTUS foreign policy privileges. Those were before yesterday though.
Please cite to those "most" observers. And not just one cite. Show support for your claim that a majority of Supreme Court analysts believe that the Court will uphold these tariffs.
Anonymous wrote:Anonymous wrote:Anonymous wrote:Anonymous wrote:They are not passing a law, they are asserting the Congress's constitutional ability to levy taxes and tariffs.
This.
Big day today for the United States. SCOTUS will hear Trump’s tariff case. Observers expect Trump to win but you have to wonder how yesterday’s drubbing of the GOP will affect the Roberts court.
Not even the WSJ believes this or reports this.
"Prediction markets anticipate the Supreme Court will most likely reject Trump's arguments. On Polymarket, bettors assessed the president's chances of victory at 39% early Wednesday. S&P 500 and Nasdaq-100 futures slipped ahead of the hearing, after markets stumbled Tuesday.""
https://www.wsj.com/livecoverage/supreme-court-tariffs-case-stock-market-11-05-2025?mod=hp_lead_pos2
+1 the SC has deferred a lot in its emergency rulings to Trump. But they haven’t had to explain themselves in those and they are relying heavily on the idea of a unitary executive.
This is far more fundamentally about who has the power to tariff. That constitutional power clearly resides with Congress and the other animating idea of this conservative court is the “nondelegation doctrine”. To oversimplify the idea that Congress cannot delegate its constitutional prerogatives to the executive.
Upholding the admin’s claims would upend the separation of powers on an unambiguous reading of both the constitution and IEEPA. It would be a betrayal of the principles these conservative justices claim to hold if they rule in favor of the admin.