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Trump's Trade Strategy on Trial

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Posted By: Moritz55, 11/4/2025 8:34:10 PM

In times of national emergency, should the Supreme Court dictate America's grand strategy and international economic policies? This question confronts the justices this week in Learning Resources v. Trump, a case that puts the president's tariff powers to the test. If President Donald Trump loses, the Treasury faces having to refund more than $100 billion in tariff revenue, and the president's trade strategy will be thrown into chaos. Businesses that have already changed their operations because of the tariffs, drawing jobs and supply chains back to America, will be subject to grave new uncertainties:

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Reply 1 - Posted by: Turninggrey 11/4/2025 9:42:31 PM (No. 2025953)
Remember when anyone who wanted to challenge the 2020 election was told by the Supremes they “had no standing”? The Supremes should not have taken the case.
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Reply 2 - Posted by: crashnburn 11/4/2025 10:04:02 PM (No. 2025960)
I agree, #1, but it will get resolved. The resolution depends on Justice John Roberts. Of course, if Elena Kagan starts spouting off against tariffs, the other judges will oppose her, out of general principles.
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Reply 3 - Posted by: Sunhan65 11/4/2025 11:54:42 PM (No. 2025985)
The President of the United States has no inherent tariff powers. The Constitution assigns that power to Congress. Over the years, Congress has (dubiously in my opinion) passed legislation that delegates some limited tariff authority to the President. However, the provisions that President has been using to raise tariffs have been misused to such an extent that the Supreme Court will likely rule against President Trump. I regret this for many reasons. First, I do not like, and am not obligated accept, that the supreme court can tell the President or Congress what they can and can't do. Judicial review has even less constitutional legitimacy in my eyes that the President's so-called tariff powers. Neither can be found in the U.S. Constitution. However, at least tarrif powers are in the Constitution, and there is at least an argument that Congress can delegate its powers to the Executive branch by passing laws. Judicial review appears nowhere except the court's own opinions. Second, I like President Trump and have supported him for almost 10 years. He is indisputably a great man of history. The supreme court, on the other hand, is made up of not-so-great men and only one good woman. Third, I'm a patriotic American more than I am a free trade ideologue. If President Trump's policies help my country and lead to freer--or even just better--trade, then I want them to have a chance to succeed. Because I want my President and my country to succeed. I wish President Trump had negotiated actual trade agreements and submitted them to Congress, so they could be passed into law. The supreme court would then have no say in the matter. But he didn't, and we are where we are as a consequence.
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In times of national emergency, should the Supreme Court dictate America's grand strategy and international economic policies? This question confronts the justices this week in Learning Resources v. Trump, a case that puts the president's tariff powers to the test. If President Donald Trump loses, the Treasury faces having to refund more than $100 billion in tariff revenue, and the president's trade strategy will be thrown into chaos. Businesses that have already changed their operations because of the tariffs, drawing jobs and supply chains back to America, will be subject to grave new uncertainties:
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