One major issue hanging over oral arguments is the extent to which the #Trump admin must refund tariff revenue in the event that the justices find its policies to be illegal.
Speaking on behalf of the challengers, #Katyal acknowledged it is a “difficult” question. But he generally seemed to suggest the court had many options at its disposal & could reconcile that later—including, for example, by limiting its decision “to prospective relief.”
Benjamin Gutman, Oregon’s solicitor general, is making his first oral argument appearance before the justices on behalf of a group of #states that challenged the #tariffs.
#Kavanaugh asked, why would #Congress give the president the power to shut down #trade but not to take a less severe step, like impose a 1% tariff. That, he said, appeared to underscore the govt’s claim, creating an “odd donut hole in the statute.”
“It’s not a donut hole,” responded Gutman. “It’s a different kind of pastry.”
![A California district-court judge had earlier enjoined ICE from making such stops, perhaps appalled by this example: Plaintiff Jason Brian Gavidia is a U.S. citizen who was born and raised in East Los Angeles and identifies as Latino. On the afternoon of June 12, he stepped onto the sidewalk outside of a tow yard in Montebello, California, where he saw agents carrying handguns and military-style rifles. One agent ordered him to “Stop right there” while another “ran towards [him].” The agents repeatedly asked Gavidia whether he is American—and they repeatedly ignored his answer: “I am an American.” The agents asked Gavidia what hospital he was born in—and he explained that he did not know which hospital. “The agents forcefully pushed [Gavidia] up against the metal gated fence, put [his] hands behind [his] back, and twisted [his] arm.” An agent asked again, “What hospital were you born in?” Gavidia again explained that he did not know which hospital and said “East L.A.” He then told the agents he could show them his Real ID. The agents took Gavidia’s ID and his phone and kept his phone for 20 minutes. They never returned his ID.](https://s3.masto.ai/media_attachments/files/115/177/332/007/897/341/original/272515b248dd42df.png)