On Friday, the Supreme Court issued its decision in the case(s) of Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc., holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose the tariffs. Chief Justice John Roberts authored the 6-3 decision, with Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh dissenting (though there are some concurrences, as well). //
Mike Ford
3 hours ago
Roberts speaks out of both sides of his mouth...Under ObamaCare, his "reasoning" was that the mandate was a "tax" although not specifically stated so in the legislation.
Yet, here the "reasoning is that Trump cannot act because "tariffs" are not specifically mentioned in the appropriate legislation.
And people wonder why we door kickers hate lawyers (my good buddy Susie Moore being one of the few exceptions). //
Scholar
3 hours ago edited
The court erred on this as it lacks the competency to determine emergency, upon determining which the president has broad authorities under IEEPA to:
investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest[.].
Roberts and Barrett took a totally subjective view on the the lack of explicity in mentioning tariffs in the text of the law. Since when Common Law has become a totally explicit system?