Everybody seems to think the decision the Supreme Court will announce tomorrow is The Big One: the decision on Trump’s tariffs.
I have been floating the idea that even if the court decides not to uphold the tariffs under IEEPA, they might say that since this holding is one of first impression, they’ve never considered it before, they make their ruling only prospective. Like, okay, what you did was not authorized, but we never expressly told you that before, so we won’t invalidate the ones you already imposed. But don’t do it any more.
Of course the best scenario would be if they say Trump DID have authority to set the tariffs which have brought in so much money, and has failed to goose inflation. Let ‘er rip! I dunno, maybe a “trade war” isn’t such a dire prospect when you’re the biggest market so you’ll probably win.
But if they conclude that legally the tariffs don’t hold up—will they really just so hold? I know the admin has a backup plan, but it seems like such a holding would bring an end to our economic stability.
For the first time today, I heard some analyst in Fox Business agree with me that the court might make the ruling prospective. Yay! At least I’m not crazy.
Welp—soon we’ll know—IF the decision does indeed come down tomorrow.
To summarize – a small group of unelected lawyers (some of whom are none too bright) will make a potentially world-shaking decision based on examining a quarter-millennium old document. Oh! for the days when societies made these decisions more rationally by examining a chicken’s entrails!
Basically, the Supreme Court is taking on the political task which our worthless, mostly-corrupt Congress refuses to do. It is Congress – the People’s Representatives – which should take responsibility for deciding whether or not the President has the authority to impose such sanctions. But CongressScum go and hide under their desks whenever a real decision has to be taken.
“Representative democracy” has proven itself to be an abject failure – at least in its current iteration where it merely enriches a permanent Political Class.
If Scotus says Trump’s tariffs are illegal, how will they enforce their ruling without Trump’s cooperation?
Admin definitely has a backup plan and maybe Trump did exceed his authority under IEEPA but what’s done is done and Scotus knows that (except for 3 members).
Any ruling against tariffs must be prospective because they have no other choice.
