Did Tr*mp's Supreme Court Tariffs Brief Include a Strategic Blunder? (NYT gift link)
https://www.nytimes.com/2025/11/07/us/trump-statements-supreme-court-tariffs.html?unlocked_article_code=1.zU8.MUa5.-bO3rWtxVZry&smid=url-share
In general, the Supreme Court places little weight on what presidents say in public settings, preferring to rely on the arguments made by their lawyers in court.
HOWEVER (Aunt Blabby may have peed in the punch bowl)
If the Supreme Court finds that the tariffs are, at bottom, a kind of tax, it is likely to rule against them, since the Constitution gives Congress, not the president, the power to tax. If the justices agree that the tariffs are diplomatic tools, they may sustain them, as part of the presidents foreign policy prerogative.
But the disconnect at Wednesdays argument was more complicated than in the earlier cases because, in an unusual move, the introduction to the governments main brief quoted and so adopted some of Mr. Trumps public statements.
One year ago, the brief said, quoting Mr. Trump, the United States was a dead country, and now, because of the trillions of dollars being paid by countries that have so badly abused us, America is a strong, financially viable and respected country. and the economic consequences would be ruinous were the court to require the administration to unwind its tariffs deals.
snip
In effect, he said, the government brief opened the door to considering the presidents statements by including them in the briefing, and that may enable the court to consider the presidents remarks when it would normally be very reluctant to do so.
I can hear it now. "He was just joking ... He's the joker."
