“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