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Friday, November 07, 2025

7: US Supreme Court

Trump Tariff Trouble His doublethink may be too much even for the supine Supremes .......... On April 2 — “Liberation Day” — Donald Trump imposed huge tariffs on scores of countries, including our closest allies as well as islands inhabited only by penguins. In one fell swoop he reversed 90 years of U.S. trade liberalization and violated solemn international agreements. Trump didn’t try to get his tariffs enacted by Congress (which, compliant as Republicans are, wouldn’t have passed them.) Instead he imposed tariffs by executive fiat, invoking the 1977 International Emergency Economic Powers Act — a law that was clearly intended to respond to, you know, emergencies.

It was clearly not intended to bestow upon the president the right to do whatever he wants.

................... Trump’s signature economic policy may soon melt down into a puddle of incompetence and humiliation. If that should happen, I will celebrate both the end of an extraordinarily bad policy and the Supreme Court’s willingness to (finally!) check Trump’s authoritarian behavior. ............ the Court for International Trade, in their ruling against the Trump tariffs, made a different argument. The Emergency Powers Act only empowers the president to act in response to economic emergencies. And while the White House has declared two such emergencies —trade deficits and fentanyl — the CIT found that neither declaration provided a plausible rationale for the actual tariffs Trump imposed. ............ More broadly, supporting Trump’s tariffs requires engaging in doublethink. You have to believe Trump’s assertions that everything is wonderful, that this is the best economy ever. But you also have to believe that we’re facing an economic emergency that justifies massive tariff increases, hitting almost every nation and abrogating generations’ worth of international agreements.

Justice Kagan came close to acknowledging this doublethink by caustically saying “It turns out we’re in emergencies all the time.”

.............. With the Justices suggesting that Trump’s tariffs infringe on Congress’s unique right to set tax rates, Sauer declared that “they are not revenue-raising tariffs”. That’s essentially an impossible position to argue .......... So the tariffs are legal because they aren’t revenue-raising; also, look at how much revenue they’re raising! The fact that Trump’s own statements completely contradict his lawyers’ arguments explains why even a Supreme Court that normally bends itself into a pretzel to ratify administration policies will probably find his “emergency” tariffs a pretzel too far. ...............

it will be a humiliating defeat for Trump.

It will also create enormous uncertainty. For Trump won’t give up. Instead, he has already promised that he will try to reimpose the tariffs by using — or, actually, abusing — different legal avenues. ............. Trump has been especially fond of Section 232, invoking “national security” as a reason for tariffs on quite a few items that don’t seem especially tied to strategic defense. ......... Imagine what would happen if we were to get involved in a global conflict and were dependent on China for our crucial supplies of love seats and bathroom vanities! ................. The potential for Trump to declare faux national threats is why I am uncomfortable with the Supreme Court ruling against Trump’s IEEPA tariffs on the basis of the constitutional right to levy taxes. With a president as unscrupulous as Trump, we need a precedent against imposing tariffs on the basis of obviously false claims of national emergency. ...........

these tariffs are bad for Americans and bad for the rest of the world

The Rise of Renewable Energy Anatomy of a technological miracle .............. Donald Trump and his officials hate, just hate wind and solar power, and there are many people who still refuse to believe that renewables can be practical even as renewables keep growing around the world, in fact accounting for the bulk of growth in electricity generation. ..............

How did energy sources that a generation ago were widely dismissed as hippie fantasies become a major source of electricity?

The Banyan Revolt (novel)
Gen Z Kranti (novel)
Madhya York: The Merchant and the Mystic (novel)
The Drum Report: Markets, Tariffs, and the Man in the Basement (novel)
Trump’s Default: The Mist Of Empire (novel)
Deported (novel)
Empty Country (novel)
Poetry Thursdays (novel)

The Banyan Revolt (novel)
Gen Z Kranti (novel)
Madhya York: The Merchant and the Mystic (novel)
The Drum Report: Markets, Tariffs, and the Man in the Basement (novel)
Trump’s Default: The Mist Of Empire (novel)
Deported (novel)
Empty Country (novel)
Poetry Thursdays (novel)

The Banyan Revolt (novel)
Gen Z Kranti (novel)
Madhya York: The Merchant and the Mystic (novel)
The Drum Report: Markets, Tariffs, and the Man in the Basement (novel)
Trump’s Default: The Mist Of Empire (novel)
Deported (novel)
Empty Country (novel)
Poetry Thursdays (novel)

The Banyan Revolt (novel)
Gen Z Kranti (novel)
Madhya York: The Merchant and the Mystic (novel)
The Drum Report: Markets, Tariffs, and the Man in the Basement (novel)
Trump’s Default: The Mist Of Empire (novel)
Deported (novel)
Empty Country (novel)
Poetry Thursdays (novel)

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