SCOTUS has a clean out. They could say that, going forward, the emergency tariffs can only be applied to countries we don’t have a mutual security pact with because the laws that allow them are clearly designed to protect national interests. Helps us diplomatically and protects all of our traditional allies from Trump. Also allows us to keep hitting China as hard as Trump wants to which is sound policy. Probably not going to happen, but that’s the cleanest way out.
That seems more like a decision Congress could make, potentially to more narrowly define what qualifies as a "national emergency" that grants the President the authority to impose tariffs. In this case, SCOTUS has to decide if IEEPA gives Trump authority to impose tariffs at all. Beyond that I don't think it has a ton of wiggle room here for carving out specific use cases.
Based on the law, you’re probably right. My assumption here though is that SCOTUS has to split the baby somehow, both for the sake of legitimacy and because of the logistical impossibility of forcing the government to repay tariffs already collected. Better that they at least split the baby usefully and offer some stability to markets since Congress no longer has a real role in American government.
SCOTUS has a clean out. They could say that, going forward, the emergency tariffs can only be applied to countries we don’t have a mutual security pact with because the laws that allow them are clearly designed to protect national interests. Helps us diplomatically and protects all of our traditional allies from Trump. Also allows us to keep hitting China as hard as Trump wants to which is sound policy. Probably not going to happen, but that’s the cleanest way out.
That seems more like a decision Congress could make, potentially to more narrowly define what qualifies as a "national emergency" that grants the President the authority to impose tariffs. In this case, SCOTUS has to decide if IEEPA gives Trump authority to impose tariffs at all. Beyond that I don't think it has a ton of wiggle room here for carving out specific use cases.
Based on the law, you’re probably right. My assumption here though is that SCOTUS has to split the baby somehow, both for the sake of legitimacy and because of the logistical impossibility of forcing the government to repay tariffs already collected. Better that they at least split the baby usefully and offer some stability to markets since Congress no longer has a real role in American government.