Neil Gorsuch seems to have the foresight to see that Donalkd Trump ‘s ability to veto weak action from Congress to stop his tariff policy could leave Trump’s action in place legally….
Congress CAN make it so that a President CANNOT use the method Trump is using now….
The Congress CAN erect a barrier ….
But do they have the balls to do it?
One might think the High court is trying wait for Congressional action on this?
Supreme Court Justice Neil Gorsuch is having an ‘I told you so’ moment when it comes to President Trump’s tariffs.
At November’s blockbuster arguments, Gorsuch raised alarm about what he called a “one-way ratchet” of authority from Congress to the president if Trump wins a case that challenges his use of emergency powers to impose duties on a host of countries.
“It’s going to be veto-proof,” Gorsuch warned of Trump’s declared emergencies.
“What president’s ever going to give that power back? A pretty rare president. So how should that inform our view?”
Gorsuch’s concern is now in the limelight as the justices prepare to return to the bench to issue opinions on three separate days between now and next Wednesday.
Last week, Trump saw one of the first major pushbacks from Congress on the matter, when six House Republicans joined Democrats in voting 219-211 to repeal Trump’s Canada tariffs under the International Emergency Economic Powers Act (IEEPA). That measure now heads to the Senate, where four Republicans joined Democrats last year on a similar effort. The new vote only needs a simple majority.
But even if it gets to Trump’s desk, the revolt is largely symbolic. The bipartisan support for repealing the tariffs falls far short of the two-thirds majority needed in both the House and Senate to override an expected veto.
Gorsuch saw it coming — and he wasn’t the only Trump-nominated justice to read the tea leaves back at November’s arguments.
“Let’s say that we adopt your interpretation of the statute,” Justice Amy Coney Barrett told the government. “If Congress said, ‘Whoa, we don’t like that, that gives a president too much authority under IEEPA,’ it’s going to have a very hard time pulling the tariff power out of IEEPA, correct?”
Congress can amend IEEPA at any time to make clear whether the 1977 law does, or does not, authorize Trump’s tariffs. Speaker Mike Johnson (R-La.) has expressed no appetite for doing so, leaving the nine justices to parse the nearly half-century-old phrasing that has left global financial markets in suspense for months….
Note…
Putting an stop to President’s ’emergency ‘ tariff access could be done vrto proff by putting the language in a spending bill that IS essential for passage…
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