#Tag
Katyal’s arguments started with a now familiar statement: “Tariffs are taxes,” adding, “Our founders gave that taxing power to Congress alone.”
He went on to say that #Congress knows exactly how to delegate its tariff powers to the executive branch, & every time it has done that it acted “explicitly, always with real limits. #IEEPA looks nothing like those laws.”
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
#Katyal started off his presentation to the justices by arguing that their decision “comes down to common sense.” He argued that “it’s simply implausible” that when #Congress enacted #IEEPA, it “handed the president the power to overhaul the entire tariff system & the American #economy in the process, allowing him to set & reset tariffs on any & every product from any & every country, at any & all times.”
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump
Justice #Jackson raises a key issue: That the emergency #law in question, #IEEPA, was actually passed by #Congress to constrain the president’s authority & reform an earlier law, the Trading With the Enemy Act, or #TWEA, that Nixon had used to issue global #tariffs.
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
per NYT, Peter Harrell, a visiting scholar at Georgetown’s Institute for International Economic Law, said that although presidents have steadily broadened the use of #IEEPA over the years, “it was definitely intended to constrain authority.” In return, the #Trump admin is arguing that that change was only intended to add process constraints, not to add substantive constraints, on the president’s actions.
#SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #economy
“The fact that they raise revenue is only incidental,” Sauer says of the tariffs. I’m not sure Trump would agree: #Trump has often emphasized the vast amounts of revenue being raised by his #tariffs & their ability to offset #tax cuts.
Justice #Sotomayor is also acknowledging an argument we’ve heard frequently in months of lower court arguments — that the economic emergency law that Trump is using to impose tariffs does not explicitly contain the word tariff.
Justice #Jackson raises a key issue: That the emergency #law in question, #IEEPA, was actually passed by #Congress to constrain the president’s authority & reform an earlier law, the Trading With the Enemy Act, or #TWEA, that Nixon had used to issue global #tariffs.
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy
#Trump used the statute to announce tariffs on goods imported into the US from China, Canada & Mexico, saying the levies were a punishment for failing to stop the flow of fentanyl. In April, he again relied on the International Emergency Economic Powers Act [ #IEEPA] when he announced #tariffs on imports from >100 trading partners, saying they were needed to address #trade deficits with the rest of the world.
#SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy
Trump rolled out that policy in early April, but after markets convulsed in response he quickly delayed the higher #tariffs from taking effect.
Many of those #tariffs — including revised rates for countries that have struck agreements with the US or have been targeted by one of Trump's recent #trade letters — are set to snap back into place Friday.
#Trump also invoked #IEEPA as his authority to impose tariffs on #Canada, #Mexico & #China over alleged cross-border threats.
"And our #Constitution was very clear in saying…there's one branch that has the #power to tariff & it isn't the president & it isn't the #courts. It's the #Congress of the #UnitedStates," Katyal said.
The case, known as V.O.S. Selections v. Trump, centers on whether #Trump exceeded his #authority by invoking an emergency-powers #law to impose a slew of far-reaching tariff policies.
Trump rolled out that policy in early April, but after markets convulsed in response he quickly delayed the higher #tariffs from taking effect.
U.S. President Donald Trump’s concentration of power in the executive branch will lead to further trade friction, more corruption and less predictability. https://www.japantimes.co.jp/commentary/2025/07/07/world/future-of-us-economic-policymaking/?utm_medium=Social&utm_source=mastodon #commentary #worldnews #ieepa #donaldtrump #joebiden #tariffs #us #useconomy #usjapanrelations #geoeconomicbriefing
A space for Bonfire maintainers and contributors to communicate
