Discussion
#ClarenceThomas asked #Katyal if his argument wouldn’t also apply to #embargoes. Katyal said it did not, since #tariffs are ways of regulating revenue.
“Embargoes stop the shipment, tariffs start the tax bill. ...Tariffs are constitutionally special because our founders feared revenue raising, unlike embargoes,” Katyal said. “You know, there was no ‘Boston Embargo Party,’ but there was certainly a Boston Tea Party.”
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
#Roberts pushed back on Katyal's claim that #tariffs fall squarely within #Congress' taxing power.
Roberts said: “Sure, the tariffs are a tax, & that’s a core power of Congress, but they are a foreign-facing tax, right? And foreign affairs is a core power of the executive.”
He added that #Trump's tariffs at issue in the case "were quite effective in achieving particular objectives," noting that Trump’s tariffs have undoubtedly given him leverage in making recent #trade deals.
"I don't think you can just separate it when you say, 'Well, this is a tax -- it's Congress' power,'" #Roberts said. "It implicates very directly the president's foreign affairs power."
Katyal responded that a president’s emergency powers are not limitless, & that the public needs to know what these limits are.
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
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