SCOTUS Catch-all | Tariff Day

[lawtig02]

Will be interesting to see what happens when Katyal has his turn but Sauer is getting rocked.

 

[lawtig02]

Even Roberts seems to think it's clear that tariffs are taxes on Americans. And that only Congress has the power to impose taxes.

 

[TangledUpInBlue06]

Gorsuch coming in hot on the non-delegation doctrine

 

[lawtig02]

Gorsuch coming in hot on the non-delegation doctrine

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.

 

[TangledUpInBlue06]

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.

I could easily see a majority holding against the government but with at least two plurality opinions on the reason why.

 

[nycfan]

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.

 

[lawtig02]

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.

 

[lawtig02]

I could easily see a majority holding against the government but with at least two plurality opinions on the reason why.

No doubt. But major questions gives Roberts, Kav, Barrett and Gorsuch a relatively easy out.

 

[nycfan]

Kavanaugh just got politely but firmly rebuffed on his framing of the Nixon precedent

 

[nycfan]

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.

 

[TangledUpInBlue06]

This is getting silly. Is there any example of a POTUS negotiating an hostage release and imposing tariffs is the only solution?

Right?!

 

[Calheel]

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.

The refund argument is easy. The ruling could be prospective only with no retroactive relief.

 

[nycfan]

The refund argument is easy. The ruling could be prospective only with no retroactive relief.

On what basis? If it was illegally or unconstitutionally collected, what right does the government have to keep the improperly collected proceeds?

 

[Enigma94]

On what basis? If it was illegally or unconstitutionally collected, what right does the government have to keep the improperly collected proceeds?

Needing a basis for a SCOTUS ruling sounds quaint.

 

[nycfan]

Needing a basis for a SCOTUS ruling sounds quaint.

 

[Calheel]

On what basis? If it was illegally or unconstitutionally collected, what right does the government have to keep the improperly collected proceeds?

You act like the Court follows rules. On what basis did they grant Trump immunity for crimes committed in office?

 

[TangledUpInBlue06]

You act like the Court follows rules. On what basis did they grant Trump immunity for crimes committed in office?

Katyal just mentioned prospective-only relief as a possibility

 

[TangledUpInBlue06]

OK, so how long until Trump undercuts his SG and says his tariffs are tremendous revenue raisers?

 

[nycfan]

 

[nycfan]

SCOTUS heard this on an expedited basis. Will be interesting to see how long it takes them to render an opinion.