Supreme Court Decisions for Friday, February 20th

5,809 Views | 110 Replies | Last: 18 days ago by BusterAg
flown-the-coop
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AG
Houston Lee said:

Now there are billions that must be returned? What a s---it show

So far it is not clear it has to be returned. It is also not clear the delineation of which tariffs can, will or may be able to attend.

The opinion is consistent with the mood of the court to tell Congress to do its job. It provides a bit more clarity on IEEPA which may benefit reigning in future POTUS's.

It's a definite L for Trump's tariff strategy, but a W for separation of powers.

From an America First position on the global stage, this is not a good day.

Let the Dems and TDSers enjoy their victory. But it's not a win for those who want a stronger America from an economic standpoint.
torrid
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Impeach them all!
BusterAg
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Houston Lee said:

Now there are billions that must be returned? What a s---it show

I will be shocked if there is very much money that is ultimately returned.

Trump can still enact tariffs through other legal means, and will use the threat of doing that at a higher-rate long term as a way to get those that already paid to the negotiating table.

At best, some credit against future tariffs settled on a case by case basis. If there is one thing Trump loves to do, its negotiate.
Gordo14
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Houston Lee said:

What a total cluster F. The Supreme Court just F-ed us. So Stupid.


This was a good ruling. The fact that we had a guy changing tariffs on twitter based on his current emotional state was exactly why tariffs should be Congress' responsibility. Like the time we raised Tariffs on Canada because a province in Canada made a commercial using an actual Ronald Reagan speech. Or the time we raised tariffs on Switzerland because the president didn't like the voice of the Swiss rep and then lowered tariffs from 49% to 15% the day after receiving a gold Rolex desk watch. I mean is this about National Security or not.
BusterAg
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flown-the-coop said:

Houston Lee said:

Now there are billions that must be returned? What a s---it show

So far it is not clear it has to be returned. It is also not clear the delineation of which tariffs can, will or may be able to attend.

The opinion is consistent with the mood of the court to tell Congress to do its job. It provides a bit more clarity on IEEPA which may benefit reigning in future POTUS's.

It's a definite L for Trump's tariff strategy, but a W for separation of powers.

From an America First position on the global stage, this is not a good day.

Let the Dems and TDSers enjoy their victory. But it's not a win for those who want a stronger America from an economic standpoint.

I would describe today as a temporary setback for this administration, but a positive step in the right direction overall.

Trump can still enact the tariffs he wants to, it just takes longer to do if he can't rely on the IEEPA.
Windy City Ag
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Quote:

So what happens next? All tariffs go back to ZERO while others continues to tariff us???


Importers will stop paying the levees immediately and get their legal advisors to:

a) approach the government for claw backs of previous payments and

b) craft challenges to whatever plan B the Admin falls back to.
Im Gipper
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torrid said:

Impeach them all!

The Senate that can't even get a US Attorney in New Jersey confirmed is going to rally together to convict supreme Court justices for what exactly ?

Get a grip.

I'm Gipper
caleblyn
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flown-the-coop
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The Collective
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The legality here is sticky, otherwise you don't get a perfect split from the R-appointed justices. I do think we can at least agree that maybe MAGA at all costs is not the best thing when creating judicial precedence though.
HTownAg98
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torrid said:

Impeach them all!

I suggest you switch to decaf for that third cup.
Windy City Ag
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Quote:

So what is the rightful process for implementing tariffs?


New to all this?

This nation has put tariff regimes in place going back to its founding. Everyone and their Uncle knew the playbook for levying tariffs but that was too slow and cumbersome for this admin so they went to a constitutionally ridiculous Chris Farley approach through IEEPA.
Ervin Burrell
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torrid said:

Impeach them all!

Agreed. Just the ones that ruled against Dear Leader though. How DARE they. Bunch of deep state Marxists.
All I do is Nguyen
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Had Claude give me a summarization of the ruling:

Supreme Court Ruling Summary
Learning Resources, Inc. v. Trump (Feb. 20, 2026)

The Bottom Line

The Supreme Court ruled 6-3 that President Trump does NOT have the authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA). The tariffs are struck down.
What Happened
Shortly after taking office, Trump declared two national emergencies:

  • Drug trafficking from Canada, Mexico, and China (which he called a "public health crisis")
  • Trade deficits (which he said "hollowed out" American manufacturing)
  • He used IEEPA to impose massive tariffs:
    • 25% on Canadian and Mexican imports
    • 10% on Chinese imports
    • At least 10% on imports from all trading partners, with dozens of countries facing even higher rates
    Two groups of businesses sued, arguing IEEPA doesn't give the President this power.
    The Court's Ruling
    Chief Justice Roberts wrote the majority opinion, joined by Sotomayor, Kagan, Gorsuch, Barrett, and Jackson.
    Key points:

  • Constitution gives Congress the power to impose tariffs, not the President
    Article I, Section 8 says "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises." The Framers gave Congress "alone... access to the pockets of the people."
  • IEEPA doesn't clearly authorize tariffs
    The statute lets the President "regulate... importation," but nowhere mentions tariffs or duties. The word "regulate" means to control or direct, not to tax. "Had Congress intended to convey the distinct and extraordinary power to impose tariffs, it would have done so expressly."
  • This is a "Major Question"
    Roberts invoked the "major questions doctrine" when the government claims sweeping power based on vague statutory language, the Court requires "clear congressional authorization." The economic and political significance of unlimited presidential tariff authority is massive, and Congress wouldn't have hidden such power in ambiguous language.
  • No historical precedent
    In IEEPA's 50 years of existence, no President has ever used it to impose tariffs until now. That "lack of historical precedent" suggests Trump is overreaching.
  • The word "regulate" doesn't include taxation
    Taxes and regulations are different. When Congress wants to authorize both, it says so explicitly. It didn't here.
  • The Dissent

    Justices Thomas, Kavanaugh, and Alito dissented, arguing IEEPA's language is broad enough to authorize tariffs and that the President should have wide discretion in emergencies involving foreign affairs.

    What This Means

    Trump's tariffs imposed under IEEPA are invalid. If he wants to impose tariffs, he'll need to use a different statute that explicitly authorizes them (like Section 232 national security tariffs or Section 301 trade remedy tariffs), or convince Congress to pass new legislation.
    This is a huge separation-of-powers case limiting presidential authority over trade policy.
    flown-the-coop
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    This was Trump pushing limits and bounds, which they have done from day 1 across the entirety of government.

    Team Trump will continue to be effective in negotiating trade deals and has many many other arrows in the quiver in dealing with bad acting trade partners.

    Turley is pointing this out. Don't expect any huge changes. IEEPA was being used as it gave Trump the greatest flexibility. But there are other laws.

    Bartiromo now pointing out that 75% of tariffs could continue using other laws. Temp setback.
    YouBet
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    BusterAg said:

    Houston Lee said:

    Now there are billions that must be returned? What a s---it show

    I will be shocked if there is very much money that is ultimately returned.

    Trump can still enact tariffs through other legal means, and will use the threat of doing that at a higher-rate long term as a way to get those that already paid to the negotiating table.

    At best, some credit against future tariffs settled on a case by case basis. If there is one thing Trump loves to do, its negotiate.


    Guess I know the hot topic on CNBC for the next two weeks.

    nortex97
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    He'll use different authorities.

    This is essentially a painful own-goal but it's not the end of the match.
    The Collective
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    And for those freaking out, you also get an opinion written by a conservative-leaning court... I know, I know all of the opinions about Roberts, but at the end of the day as a conservative, I don't see many Ls from this court.
    flown-the-coop
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    Question on IEEPA… are there any executive actions that have relied on IEEPA that levied any fines, fees, etc?

    Because it would seem that those are all null and void now.
    flown-the-coop
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    Oh I think this was a swing for the fences or simply Trump doing his bull in a china shop dance, puns intended.
    Tony Franklins Other Shoe
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    YouBet said:

    Glass half full on this tariff ruling.....it will force Congress and the WH to actually cut spending which is what they should have done in the first place instead of enacting tariffs.

    Oh wait, that's just me living in fantasyland. Back to debt acceleration and the collapse of the US!

    Yeah, you had me there for a second. That was a good one.

    Person Not Capable of Pregnancy
    The Collective
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    flown-the-coop said:

    Question on IEEPA… are there any executive actions that have relied on IEEPA that levied any fines, fees, etc?

    Because it would seem that those are all null and void now.


    I don't believe IEEPA was relied on for anything you described.
    StandUpforAmerica
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    As with a lot of SC decisions, it is interesting that it almost always is the 'conservative' judges who break ranks... but the liberal ones almost never do.
    nortex97
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    It's just going to cycle around.

    They could have taken a more moderate, and clear approach for the lower courts to then use, but the Roberts court is not known for solid jurisprudence to limit litigation looking forward.
    aggiehawg
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    SCOTUS can do whatever they want. There is no appeal from their decisions. OTOH, SCOTUS can and has crafted decisions that vary from procedure in the past.

    Two examples::

    Bush v. Gore

    Roe v. Wade

    in Bush Scotus declared their decision would have no precedential value going forward. It was a one off. (Which makes it essentially an advisory opinion which violates the actual controversy rule.)

    In Roe, they threw out mootness and ruled anyway.

    Here they could have just as easily said that this decision was prospective only. No more use of IEEPA for tariffs. That way there is no unwinding necessary.
    flown-the-coop
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    I think you will be very surprised to find out otherwise.

    Fines, sanctions, fees, penalties enforced by the Treasury Dept's Office of Foreign Assets Control.

    As mentioned, Team Trump has several paths to take to manage trade negotiations.

    My question was really whether this undermines the ability to use sanctions and other penalties on an emergency basis.

    SCOTUS here said since IEEPA did not mention the specific word "tariff" then Congress retained that power.

    When someone mentioned the Obamacare ruling and were subsequently accused of a "non-sequitur", they were actually on an interesting track.

    Roberts broadened the definition of tax in order to save Obamacare for his liberal overlords. Then sort of did the opposite here. That's not just a bad look for Roberts but has broader impact in my opinion, read of this.
    The Collective
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    StandUpforAmerica said:

    As with a lot of SC decisions, it is interesting that it almost always is the 'conservative' judges who break ranks... but the liberal ones almost never do.


    Well, conservative justices by definition should not just be deciding based on the party line.
    flown-the-coop
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    Robert's has no spine, so he is not going to allow the court to do whatever he wants. I mean, he does have a boss, whomever that may actually be.

    He should have done what you suggest. Instead he says "**** it, let dysfunctional congress hash it out with POTUS whilst Americans languish in uncertainty".

    Great leadership Robert's. Thanks for thinking of us.
    The Collective
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    I read the ruling as very limited, but I see your distinction and someone may argue it. OFAC's fines have not traditionally been reliant on tariff or taxation authority.
    ETFan
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    Gordo14 said:

    Houston Lee said:

    What a total cluster F. The Supreme Court just F-ed us. So Stupid.


    This was a good ruling. The fact that we had a guy changing tariffs on twitter based on his current emotional state was exactly why tariffs should be Congress' responsibility. Like the time we raised Tariffs on Canada because a province in Canada made a commercial using an actual Ronald Reagan speech. Or the time we raised tariffs on Switzerland because the president didn't like the voice of the Swiss rep and then lowered tariffs from 49% to 15% the day after receiving a gold Rolex desk watch. I mean is this about National Security or not.
    ETFan
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    The Collective said:

    StandUpforAmerica said:

    As with a lot of SC decisions, it is interesting that it almost always is the 'conservative' judges who break ranks... but the liberal ones almost never do.


    Well, conservative justices by definition should not just be deciding based on the party line.


    HERETIC!!!
    flown-the-coop
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    The Collective said:

    I read the ruling as very limited, but I see your distinction and someone may argue it. OFAC's fines have not traditionally been reliant on tariff or taxation authority.

    Agree, and the fines are specified and allowed for.

    Seems very inconsistent for fines and fees to be allowed but other monetary penalties are not.

    So can Trump just say we will fine China 30% on imports whilst they continue to supply fentanyl precursors? Can he block certain imports until offending country pays a fine, fee, or makes an investment?

    At the end of the day, IEEPA which allows for the Executive to manage many aspects of foreign trade in an emergency, but cannot utilize one of the most effective means of managing forgoing trade crises? Seems like this is a bad law in that regards.

    To add a general comment, foreign countries celebrating this alongside Dems should make many who love this Country still sick to their stomachs. You can agree with the ruling but to celebrate this as some sort of great victory reeks or TDS.
    YouBet
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    The Collective said:

    StandUpforAmerica said:

    As with a lot of SC decisions, it is interesting that it almost always is the 'conservative' judges who break ranks... but the liberal ones almost never do.


    Well, conservative justices by definition should not just be deciding based on the party line.


    Don't ever expect a Democrat to understand this basic underpinning and entire point of the SC. To them, it's meant to be an advocate and arbitrator of leftist doctrine so when the majority is beholden to the US Constitution, as intended, then they can't process that and think the "right wing" has taken over the SC.

    When you think the US Constitution is a right wing document that needs to be shredded, like they do, then they adopt the evil positions that they have.
    aggiehawg
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    So now what happens to GATT, originally in the late 40s, now known as World Trade Organization since 1994?

    If POTUS has the power to lower tariffs to make them "more reciprocal" wouldn't that also imply the opposite? Power to raise tariffs? Since it falls under discretionary actions, the option should be either way.
    HoustonAggie11
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    LOL this isnt' going to stop Trump
     
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