Discussion
“I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the nondelegation argument?” #Alito asked of #Katyal, who served in the Obama admin.
Katyal was quick to respond. “Heck yes, Justice Alito. I think Justice #Gorsuch nailed it on the head when saying that when you’re dealing with a statute that is this open-ended – unlike anything we’ve ever seen – to give the President this power.”
#Katyal said that the government has argued in this case that #refunds could be issued later if #tariffs are overturned.
The government opposed a preliminary injunction in this case by saying “oh, don’t worry, we’ll give the refunds later,” he said.
It’s unclear how much would be refunded or who would get money back if the tariffs are halted.
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
#Katyal argued that the president has other authority to impose #tariffs, without relying on a national emergency.
For example, he cited Section 122 of the Trade Act of 1974, which allows the president to combat trade deficits by imposing tariffs of up to 15% for up to 150 days without congressional approval.
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
Justice #Kavanaugh points to FEA v. #Algonquin, a 1976 tariff that was upheld by #SCOTUS.
The court unanimously ruled for President Gerald Ford in a case about the imposition of #tariffs on oil imports, based on a different statute that also doesn’t mention the word tariffs.
“The court 9-0 rejected the argument” that the absence of the word tariff doomed Ford’s action, Kavanaugh said.
#law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
https://supreme.justia.com/cases/federal/us/426/548/
#Katyal responded to #Kavanaugh that #Algonquin was one import. Not #tariffs broadly applied to numerous countries across the board.
“Algonquin was expressly a trade statute,” Katyal said. “It’s everything this case isn’t.”
He said the Algonquin decision had a reference to #duties in a specific provision & an extended, clear legislative history describing the powers given to a president.
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
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