Originally published at: Trump’s Tariffs Are Illegal, Appeals Court Finds - TPM – Talking Points Memo
An appeals court ruled 7-4 Friday evening that most of President Donald Trump’s tariffs, a series of which he imposed by executive order under emergency powers granted by The International Emergency Economic Powers Act, are unlawful. The U.S. Court of Appeals for the Federal Circuit ruling comes hours after Trump administration officials including Treasury Secretary…
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Interesting…are we betting the Supremes cave as per usual?
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Of course, that little known rule for SCOTUS that exists above the Constitution and reads “Trump can do whatever he wants.”
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Cynically, I think it depends on what Roberts’ corporate masters want. I suspect they are not in favor of tariffs, but I don’t always think like an oligarch.
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And he has absolute immunity when he does it.
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One would assume that, because US companies/persons are the ones paying the inflated tariffs (and not “China”), they’d be in favor of having this imagined “power” stripped from their Stooge in Chief, and getting big refunds, probably with added payments in compensation.
But you are right … who of us peons understands the thinking process of the top 1% of the top 1%?
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Yep, SCOTUS will overturn this decision in a heartbeat.
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An appeal to the slick 6 could go either way. Forget the Originalist bullsh*t that the Constitution means what it says. As with any decision issue by the Operatives Justices full Calivinball rules apply (after they consult with their Corporate Masters).
… on the Trump administration’s quest to cut National Institutes of Health research grants, she wrote that in the court’s version of Calvinball, “this Administration always wins.”
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Will the Democrats have the guts to run against SCOTUS when they become responsible for the gut of our economy sending us to the ER?
I “Dred” the answer. Dems seem to have an aversion to political strategies that are now proven to have no downsides: attack the media, attack the courts.
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The ways of the 1/100th (of 1%) are not to be understood by the OWS (Ordinary Working Stiffs). They have more money then they could spend in a thousand life times. But they suffer from an affliction that has no cure:
Said another way, they are plagued with the disease of NEVER BEING ABLE TO HAVE ENOUGH.
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Illegal tariffs? Pfffttt
Trump ignores inconvenient laws
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Don’t get your hopes up. If this ruling had been unanimous then the Supreme Court MIGHT refuse to overturn it. But it was 7 - 4. So the Supreme Court will surely overturn this decision, probably 6 - 3. That’s just how our current corrupt Court works.
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Trump’s Tariffs Are Illegal
Take that you stupid raging asshole.
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And budget talks coming up. Popcorn!
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This is a very unusual case.
In the ordinary course, a case is heard by a district court judge, randomly assigned. Then it goes to a three judge appeals court panel, again, randomly assigned. From there, it can be appealed to the full appeals court bench, who can agree to hear it or not. And then it goes to the Supreme Court.
This case is filed in the highly respected DC Circuit (which hears cases involving the government). The U.S. Court of International Trade is a heavyweight court in the heavyweight DC Circuit with subject matter expertise that only hears international trade cases. It was originally heard by a panel of three judges, rather than the usual one. The appeal was heard and decided in the first instance by the full 11 judge bench of US Court of Appeals for the Federal Circuit. Both decisions ruled the tariffs unlawful without much hesitancy, controversy or dissent (the appeal ruling was 7-4). When this gets to the Supreme Court, that’s a pretty solid record for them to whimsically, pretextually overturn. Not sayin’ they won’t of course, but trashing this one could be a real hit to their credibility and reputation.
ETA: This case is unusual also in that it is arguably the most egregious aggregation of power to himself alone, unencumbered by congressional oversight, because… presidential authority… and national security emergency. Worse than his immigration crackdown because he is not only hurting Americans, but damaging the economies of other countries on his own personal whim. The GDP of Canada contracted 1.6% in July because of tariffs.
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Are you sure it doesn’t say ‘Return the USA to the arms of White Jesus, and may all that school funding be delivered to Him’?
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An appeals court, backing up the Court of International Trade, has just ruled the majority of Trump’s tariffs illegal. We kind of knew this was coming, but the reality still comes as a shock.
It’s important to be clear what just happened. The court didn’t say that tariffs per se are illegal. It said that the procedure Trump used to impose tariffs — declaring an economic emergency, then setting tariff rates without so much as consulting Congress, let alone passing legislation — is illegal. If Trump wants to pass a tariff bill, the same way he passed his One Big Beautiful Bill, OK. (I mean, terrible policy, but legal.)
True, the International Economic Emergency Powers Act gives the president substantial room to set tariffs during an, um, economic emergency. But Trump himself keeps saying that the economy is in wonderful shape, booming without inflation, and any claims to the contrary are fake news. So how can things both be terrific and an emergency calling for drastic action?
I have no idea what happens next. The Supreme Court is utterly craven, and may well rule that Trump gets to do whatever he wants. But maybe even they will balk.
I see that Scott Bessent is saying that ruling that Trump’s illegal tariffs are, in fact, illegal will embarrass the United States. I’m not a lawyer, but last I heard you weren’t allowed to act illegally if obeying the law would be embarrassing. Anyway, let’s be clear: It won’t embarrass America. It will embarrass Trump and Bessent. If anything, it might reassure the rest of the world that some vestige of rule of law yet remains in this nation.
On another and even more important subject:
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Does a bear poop in the woods?
Of course they will approve this. 5-4 because someone in the sick Six will realize they have gone too far.
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Agree. This is a real “Press to Test” case to see if the SCOTUS will follow the law AND deeply held Federalist Society values (free trade), OR if they are completely in the bag for Trump, (AKA Mango Mussolini, Von Shitzenpants, The Fucking Moron or The Convicted Felon - take your choice - he’s earned them all).
I have faith that the Court will either confirm this one or refuse to hear Trump’s appeal because of the incredible harm these tariffs are doing to both our economy and to our international relations with our closest allies.
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They will either unsigned agree not to hear it or, like Becca said, it’ll be 5-4 for Trump. SCOTUS is now the Senate, Roberts and Covid-Barrett take turns on who gets to be Susan Collins
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