General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI still have a bad feeling about the tariff case even
though it was heartening to hear some of the questioning from some of the MAGA justices. Put simply I don't trust this bunch at all and I would not be surprised if they come up with some decision with horrendously tortured reasoning that allows Crumb The 1st to continue on. I agree with some commentators who cautioned against reading too much into oral argument questioning.
The kind of scenario for this plays out along the lines of: "While it would be impermissible to take these actions because of "x" we find that these actions were taken because of "y" and therefore are permissible under the law." Or they give him an out in some other way of weasel wording a decision that can be twisted to allow him to continue.
I was troubled by the way the reference to the tariffs being "foreign facing" was allowed to continually be repeated and the phrase was more or less accepted without correction. The assessment and collection of tariffs is done at the point of importation not at the point of export and they are collected from the importer. Whether the importer is later reimbursed in part by the exporter has no bearing and is a matter between them and not the government.
Someone may reimburse you for a tax you have to pay but it is still a tax. The reimbursement or not between two private parties doesn't change the definition of what the government, an unrelated party to the reimbursement, action carries as a definition. You can't say imposing a fine for speeding isn't a fine because somebody reimburses or pays the fine for the violator. The reimbursement may nullify that financial impact but that is a matter between the violator and the person reimbursing them.
I felt there should have been more of an argument made that the definition of an action by the government is not predicated on what machinations parties make to deal with the action once that action is taken by the government. There should have been an emphasis that trying to weasel around and backtrack eventual sharing/not sharing of the charges imposed by the government somehow determines the definition of the government action is backward reasoning and "bootstrapping" in reverse.
Maybe hope springs eternal and we will get a 5 to 4 decision in the right direction. But even if we get a favorable ruling in its conclusion it is still a bad matter to allow faulty assumptions and assertions to carry forward even if the eventual outcome is to our liking. Those faulty assumptions can and likely will be used down the line as basis for argument in other cases and may result in being legal dogma that unnecessarily takes decades or more to correct.
The Supreme Court went 7 to 1 in 1896 in Plessy v Ferguson and the more than 5 decades it took until Brown v Board changed it inflicted so much damage on the American society and the legacy of the Plessy decision and its damage still confronts us with effects to this day. Legal cases that came after Plessy relied on this bigoted, hateful and fundamentally flawed case. It stands as an example to the importance of understanding that allowing flawed declarations or concepts to stand as a case moves to decision and beyond can inflict damage far beyond what is perceived as possible at the time.
The eventual yay or nay of a decision is one thing. But our case decisions, the reasoning and wording, phrases and concepts used and echoed must be formed by challenged argument and corrected in decisions as well at the time of the decision. Too often court decisions come down to a conclusion that leaves the baggage of faulty assertions and assumptions unanswered or sometimes included in part of the reasoning for the decision.
A "lazy" court will often brush things aside and grasp at a specific legal aspect to a case and state that this is the only item needing resolution. Hopefully this court will find enough time away from accepting "gifts" or speaking to the Federalist Society to do a thorough decision. Hope springs eternal but also hangs by threads of what is left of the cloth of our Constitution.
off-the-clock
(305 posts)I was especially frightened by Justice Barrett focus on the reimbursements if the tariffs were overturned. Seemed to me an expression of running the government like a business
moniss
(8,372 posts)"if the remedy is difficult then let's just keep doing it." Actually reimbursing the tariffs is not difficult because there is a record for each importer that paid "x" amount on a shipment. Whether that cost was eventually passed to the consumer, a business or some other entity is outside the scope of whether the tariff actions taken were legal or not. If someone wants to bring a separate case to a court about backtracking financial impact that is another matter.
Irish_Dem
(77,782 posts)The biggest problem Trump and GOP congress have right now is the bad economy caused by Trump's tariffs.
It cost them the recent elections.
If the Supreme Court ends the tariffs it benefits Trump and the GOP congress.
Trump can save face and blame the SC.
The Stockmarket will go crazy happy.
CEOs have already priced in the tariffs with a price hike to consumers.
They ate not going to change that pricing quickly, especially for the Christmas sales.
So they will win and even may get money back from the US Treasury.
They make out like bandits.
Economy is good for the midterms which helps the GOP.
BeerBarrelPolka
(2,094 posts)moniss
(8,372 posts)will get the economy to be good for them. I think there are very ominous other factors at play in the economy right now. The extreme rapid growth in the debt and deficit for one. Really unprecedented and although the tax cuts were predicted to make increases in these areas none of the economists/market watchers were predicting this fast/large of an increase. Keeping in mind that the majority of the tax cut impact won't even be felt at the Treasury until after April 15th, 2026 when the first round period of tax returns is over reflecting the bulk of the first year decrease in revenue. The Treasury can try and play games in their reporting but by and large the numbers here are too big to hide.
It reminds me in a way of Bernie Ebbers and Worldcom. Eventually the lies can't cover the sheer magnitude of the fraud.
I think the costs of not having universal healthcare are not going to go away with a tariff decision and the increased premiums are coming down to who pays the huge amount, or not, as opposed to seeing the premiums lowered overall. The for-profit health industry is trillions of dollars in profits and we always know those trillions are what's left after paying for actual care.
The headwinds the carmakers have aren't so much tariff related as they are market reluctance at super high prices and that reluctance was there before the tariffs. Regarding agriculture even if the tariffs ended tomorrow the damage done to the US farmers and the supply chain is already baked in. Also I don't look for China to turn away from Brazil and Argentina and return all of that purchasing to the US. I think it is part of their long term foreign policy strategy to strengthen their influence and participation in this hemisphere. For them this makes complete sense since diversity in sourcing is better than concentration. Especially when that concentration would be with the US and expose China to all of what having to always be pressured by the US entails.
Housing is sky high and has been before tariffs and affordability is moving further away even if mortgage rates come down because the housing unit shortage keeps the prices offsetting and gains of lower interest rates.
These are just some of the reasons why I think the economy is facing things way beyond what the tariff decision can impact in time for the mid-terms.
Irish_Dem
(77,782 posts)And prices at the grocery store come down?
The American people will obviously put up with a lot of pain to keep
the hate filled Trump agenda going.
But the high price of food was a bridge too far.
moniss
(8,372 posts)bring down the prices as much as what consumer reluctance will. The meat sections in stores are more or less deserted in many cases. Perishables react the quickest to consumer reluctance. US beef isn't priced based on the tariffs. I don't see prices for non-perishables falling much anytime soon. The effects on agriculture of the immigration deportations have been working their way through the system also.
Put simply the fascists have screwed things up in nearly every aspect of the economy and supply chain for almost every industry. For example there is an ample supply of petroleum but the prices remain high and the fascists response is to push for more supply into the system. But the price for oil, because supply is already adequate and then some, remains down. The supply and price for a barrel of oil is not affecting the high prices at the pump. So their push will do nothing for the consumer or the producer. It is ignorant policy.
The same with housing for example. Providing support for mortgages on over-priced housing still leaves the consumer strapped to ever higher housing costs. Eventually this is all unsustainable. Each segment of life demanding an ever increasing percentage of the paycheck of the consumer has an inevitable breaking point. As those points approach and are hit the mismanagement by fools like the fascists makes things worse and worse.
Eventually this all gets to be like a dog chasing its tail and a society can deal with some of that in an aspect of daily life here and there while we fashion corrections but the downfall of authoritarians/fascists regarding their economies is that people/markets etc. don't respond well to ignorant "commands" and dictates. So as their programs fail the fascists become even more entrenched and more forceful towards their demands. That also is unsustainable. People have a point past where they won't go before striking back as you point out.
The answer to the question of whether the rich will benefit from the tariffs ending the answer is yes but it is because they have the game on both ends. They have more or less perfected playing the game in such a way that when times go bad they gain and when times are good they gain. any bumps along the way they have virtual control, right now, of government in order to get their tax cuts, subsidies, contracts, ownership interests, preferential treatment of investments etc. to yield the rigged system for themselves.
Irish_Dem
(77,782 posts)So the wealthy will benefit from the tariffs being ended.
Not so much the consumer.
I agree, consumers are going to be reluctant to start buying.
Too many things are still too expensive.
And we don't trust Trump and the GOP.
I recently saw a sign in front of a McDonald's stating they were bringing
back their extra value meals. That tells you were things are with consumer
sentiment. They stopped eating at McDonalds.
And tells us why the GOP lost in recent elections.
moniss
(8,372 posts)I would note that while looking on-line at some beef at the store I noted that while basic chuck roast was $10.99 per lb there was a company selling frozen "salisbury steak in gravy" in a 28 ounce size for $3.97. I have to confess that in lean times I did try this once. I'm not ashamed to say I spit it out and threw it out.
Yes the consumers are reacting and even if not politically in line with the "No Kings" and anti-deportation issues for example they are still unhappy and reacting against the status quo.
Irish_Dem
(77,782 posts)Spelled out clearly in that McD sign, in a nutshell.
Interestingly I was also looking online at beef prices right before the election.
After Halloween I was beginning to think about Christmas and the holidays.
What is the price of beef for Christmas Even dinner.
I was shocked at the prices.
I wonder how many people did the same after Halloween right before the elections.
And trying to figure out how the hell they are going to afford Christmas this year.
Skittles
(168,609 posts)you think TARIFFS are the only way that incompetent fascist fuck can ruin the economy?
Irish_Dem
(77,782 posts)It is another stunt.
Will give a small showy jump to the economy.
The MAGAs will fall for it.
Sun-Moon
(223 posts)That the SC would stop the tariffs as a favor to the GOP.
No doubt that if the SC rules the IEEPA fentanyl and reciprocal tariffs are illegal, the stock Market would be happy and the economy could improve by mid terms. Thats where the Dems need to beat the drum every single day that the GOP still hurt 99% of Americans.
We all need to keep in mind that even if these tariffs stop under the current executive orders that doesnt mean the administration wont go forward with the tariffs, but the legal way. It would take longer to reinstate but they can do it just like they did during DJT first administration.
BumRushDaShow
(163,186 posts)I.e., the "if Congress allows it" suggestion.
I think most of the (normal) tariffs come about with "Treaties" that the President will negotiate and the Senate would need to affirm, and right now, only a handful of "agreements" have been reached, although I don't know if they consider them formal "Treaties" or whether the Senate had any involvement by being presented with them, which is their role -
(snip)
Section 2.
(snip)
He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur;
(snip)
https://www.law.cornell.edu/constitution/articleii
The Senate has attempted "rebukes" of various tariffs via disapproval resolutions of those associated with Brazil, Canada, and "globally", suggesting if a formal "Trade Treaty" (agreement) came to them listing the tariffs as part of that, they would reject it (it would need 2/3rds or 67 to approve it).
This really puts a spotlight on the complete abdication of the Legislative Branch, with NO robust assertion of their role, leading to their allowing the multitude of destructive activities being carried out by the rogue head of the Executive Branch.
off-the-clock
(305 posts)Good discussion here on SC decision's effects on the economy. So when do you think the decision will come down (soon or closer to the election)?
moniss
(8,372 posts)observations. If the decision is to allow him to continue on then I would expect that very unpopular decision to come next June. If the decision is to restrict him then I would hazard a guess they will issue it sooner to allow for time to "fade in the memory/be forgotten by the media" before the mid-terms. But it is really a coin flip. I think the SC MAGA justices see where their immunity decision is taking them and they realize that in the end they have given ultimate power to the Executive Branch to defy the Congress and the Courts.
In their country clubs, sitting in leather chairs, drinking the finest cognac and wines I'm sure that the idea of the "Unitary Executive" sounded like a good way not to have to deal with political opposition and find compromise. But seeing the real world effects of a cheap, gaudy con man grabbing US citizens off the street, openly extorting for his personal gain, manipulating markets for his personal gain, threatening with nuclear weapons etc. is all conduct beyond the cuteness they thought they were doing in their immunity decision. You see this in their questioning about whether Congress could ever get back something they delegate to the Executive. They know they can't get easily get back the immunity decision.