SCOTUS Catch-all | Tariff Day

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Even Roberts seems to think it's clear that tariffs are taxes on Americans. And that only Congress has the power to impose taxes.
 
lawtig02 said:
I'm starting to think this may be something like a 7-2 decision against the administration centering around the major questions doctrine and some element of non-delegation.
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I could easily see a majority holding against the government but with at least two plurality opinions on the reason why.
 
I have not been able to listen to all of it but based on what I’ve heard SCOTUS does not sound amenable to this particular expansion of power by POTUS.
 
75 minutes for Sauer, which is a LOT, but not that surprising given the stakes of this case. Will be interesting to see how long they go with Katyal.
 
Kavanaugh just got politely but firmly rebuffed on his framing of the Nixon precedent
 
This is getting silly. Is there any example of a POTUS negotiating an hostage release and imposing tariffs is the only solution?

Alito seems to want to buy the argument that they can’t overturn thee tariffs b/c we can’t afford to refund the tariffs.
 
nycfan said:
This is getting silly. Is there any example of a POTUS negotiating an hostage release and imposing tariffs is the only solution?

Alito seems to want to buy the argument that they can’t overturn thee tariffs b/c we can’t afford to refund the tariffs.
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The refund argument is easy. The ruling could be prospective only with no retroactive relief.
 
Calheel said:
The refund argument is easy. The ruling could be prospective only with no retroactive relief.
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On what basis? If it was illegally or unconstitutionally collected, what right does the government have to keep the improperly collected proceeds?
 
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