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pat_k

(12,455 posts)
4. It will remain to be seen. The expectation is that 47 will double-down and declare he had the power...
Fri Nov 7, 2025, 10:53 PM
Friday

...to impose the tariffs he illegally imposed under IEEPA under some other statutes all along.

Of course SCOTUS declaring the tariffs imposed under IEEPA to be illegal would ABSOLUTELY be a good thing.

The problem is that the ruling may not have a substantial practical effect on actually getting rid of the illegally imposed IEEPA tariffs. And we are talking a hell of a lot of tariffs.

In my reading of the Alert from Covington (linked in OP) it seems the other statutes they may fall back on don't legally "fit" the tariffs imposed any more than IEEPA did. But that won't stop them from unlawfully claiming those other statutes do apply.

The problem is that this regime takes a "We are doing X. Y gives us the power to do X. Just try to stop us."

Of course they are lying. They know they don't actually have power under Y, but they do what they want, and initially get away it. Communities, cities, unions, states, and public interest organizations large and small have sued and have stopped them again and again -- over something like 200 times -- but litigation takes time and in the meantime, the 47 regime keep it's bulldozer going.

It would be great if the ruling actually ended a substantial number of the illegal tariffs. The problem is, it may not because we can expect the same playbook they use on everything else to be used to illegally keep the tariffs in place for as long as they can possibly get away with it.

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