There are trillions at stake. The current 7-4 decision from the U.S. Court of Appeals for the Federal Circuit surrounds a May decision by the U.S. Court of International Trade. The original case concluded that President Trump exceeded his authority under the 1977 law he invoked to impose both the fentanyl trafficking tariffs and his worldwide tariffs, the International Emergency Economic Powers Act (IEEPA). [SEE RULING HERE]
“We are not addressing whether the President’s actions should have been taken as a matter of policy. Nor are we deciding whether IEEPA authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the Trafficking Tariffs and Reciprocal Tariffs imposed by the Challenged Executive Orders are authorized by IEEPA. We conclude they are not.”
It is obvious the Democrat appointed majority are tenuous in their position. No one doubts the presidential power to declare a national emergency. To wit, the ruling highlights a very nervous court with much of the language straddling the fence trying not give the impression they are interfering in Article II presidential powers to make foreign policy decisions.
Unelected judges restricting the power of the Executive Branch, and by extension restricting a President elected by the majority of the nations’ citizens to address a national emergency, is not a construct supported by the Supreme Court. The six activist judges on the federal appeals court panel seemingly know this; however, the power of the political -and I would guess financial- pressure compels them.
The court deferred their ruling which will not take effect until Oct. 14, giving the Trump administration time to appeal the decision to the Supreme Court. President Trump responded via Truth Social.
[VIA TRUTH SOCIAL] – “ALL TARIFFS ARE STILL IN EFFECT! Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end. If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong. The U.S.A. will no longer tolerate enormous Trade Deficits and unfair Tariffs and Non Tariff Trade Barriers imposed by other Countries, friend or foe, that undermine our Manufacturers, Farmers, and everyone else. If allowed to stand, this Decision would literally destroy the United States of America. At the start of this Labor Day weekend, we should all remember that TARIFFS are the best tool to help our Workers, and support Companies that produce great MADE IN AMERICA products. For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation, and Make America Rich, Strong, and Powerful Again! Thank you for your attention to this matter.” ~ President Donald J Trump
Even if the Supreme Court sided with the federal circuit decision, a tenuous guessing game at best, there are other tools and techniques already in place for President Trump to retain the tariffs.
The question at the heart of this argument is whether International Emergency Economic Powers Act, is the best justification for the tariff approach toward national security, where ‘economic security is defined as national security.’
Think about it. President Trump could instruct the USTR (Jamieson Greer) to dissolve all existing U.S. trade agreements within 90-days, due to the national debt emergency. A legally authorized zero-trade position.
Notice that no foreign nation is challenging these tariffs as applied. The legal challenges are all coming from inside the U.S.A, as multinational corporations fight to retain the status quo.
There are trillions at stake.
Having to constantly rely on activist judges to create performative victories like this is a good indicator of how desperate the Democrats and their MSM enablers’s situation really is, and how many substantive reverses they’ve had inflicted on them by Team Trump’s agenda.
It’s a contest between fantasy and reality, and whilst the former creates an entertaining and reassuring environment the latter will always eventually win in any matchup.
The Democrats rely on deception to advance their agenda, with the help of the MSM (which I assume refers to the Mainstream >Fake News Media).
President Trump’s ultimate recourse is summed up in this article at TheConservativeTreehouse, even if the Supreme Court decides to uphold this particular challenge to the new Tariffs.
***
Sundance =
“Even if the Supreme Court sided with the federal circuit decision, a tenuous guessing game at best, there are other tools and techniques already in place for President Trump to retain the tariffs.
The question at the heart of this argument is whether International Emergency Economic Powers Act, is the best justification for the tariff approach toward national security, where ‘economic security is defined as national security.’
Think about it. President Trump could instruct the USTR (Jamieson Greer) to dissolve all existing U.S. trade agreements within 90-days, due to the national debt emergency. A >legally authorized zero-trade position.
Notice that no foreign nation is challenging these tariffs as applied. The legal challenges are all coming from inside the U.S.A, as multinational corporations fight to retain the status quo.
There are trillions at stake.”
[TheConservativeTreehouse = this article]
********************
May God continue to Bless Donald J. Trump. We the American people need Trump as President right now! We want to preserve the Greatness of our country. MAGA
While some of us have been scratching our heads for the last 50 years wondering how the Founding Fathers could have possibly left the Constitution exposed to Judicial Tyranny – Of course the answer is the geniuses didn’t, a paragraph of the Federalist Papers was posted on the internet a few months ago explaining how the Court’s opinion was only considered a final decision because they have no enforcement mechanisms – that’s the check on them, they really can’t do squat.
The Executive has the Power, and the Legislative has the Money – the two major enforcement levers in life.
Do you see that perfect balance of separated power: a neutered decision maker, with the enforcement mechanisms distributed to the other 2 branches of government. So what the Court will do (very appropriately) is align itself with either of the other 2 institutions that it judges to be correct. And if the other 2 institutions (directly controlled by the people) align against the Court, then the Court has made themselves irrelevant.
How brilliant is that!
It’s common knowledge that for long periods of time in U.S. History the Courts have been toothless – this is why, arrogant people stepping out of their bounds and dissipating the power they wield through Prestige. This is exactly the kind of disintegration we need to happen to the Activist Court system in the United States.
Be Positive! we might be witnessing another miracle!
can you or somebody find that paragraph & is anything in federalist papers law.
Federalist 78 (1788) | Constitution Center–Al Hamilton:
“…Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. . . .
There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. …
The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.” …….
Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.” …….
T-Jeff was less sanguine.
Thomas Jefferson on Judicial Tyranny | Tenth Amendment Center:
“Thomas Jefferson, a stanch advocate of decentralized power, recognized that a federal government empowered to judge the extent of its own authority was one that would never remain limited in size or scope. Because of this, the power of the federal judiciary was always of great concern to him. The following is a small, but representative, sample of a number of Jefferson’s views on the power of the judicial branch of the federal government.
He said judicial tyranny made the Constitution “a thing of wax.”
If [as the Federalists say] “the judiciary is the last resort in relation to the other departments of the government,” … , then indeed is our Constitution a complete felo de so. … The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they may please. It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law … — Letter to Judge Spencer Roane, Nov. 1819
Jefferson was plainly alarmed by the possibility of judicial tyranny.
You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges … and their power [are] the more dangerous as they are in office for life, and are not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves … . When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know of no safe depository of the ultimate powers of the society, but the people themselves. …. — Letter to Mr. Jarvis, Sept, 1820
Jefferson plainly had an answer against judicial tyranny.
This case of Marbury and Madison is continually cited by bench and bar, as if it were settled law, without any animadversions on its being merely an obiter dissertation of the Chief Justice … . But the Chief Justice says, “there must be an ultimate arbiter somewhere.” True, there must; but … . The ultimate arbiter is the people …. — Letter to Judge William Johnson, June 1823
He saw where judicial tyranny was leading.
When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the centre of all power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated …. —Letter to C. Hammond, July 1821″ …….
They were both right.
Thank you.
The Gipper not only lives…..He DELIVERS!
Thanks for saving us from “the search”.
“...If [as the Federalists say] “the judiciary is the last resort in relation to the other departments of the government,” … , then indeed is our Constitution a complete felo de so…
Misprint!
The legal term is felo de se , Medieval Legal Latin for “suicide.”
Therefore, Thomas Jefferson is writing “…then indeed our Constitution is a complete act of suicide...”
Thank you for providing this!
yes!
Vielen Dank!
It is wonderful having a Latin and German scholar in the Treehouse branches. I love reading your posts.
Many thanks for the kind sentiments!
Excellent work, Gipper. I believe this was the exact reasoning that Lincoln used when he was busy destroying the constitution and had to house arrest judges who were ruling against him, so he could continue to do so. Makes me nervous, but if the bad guys can do it…
Note that what Lincoln did was exactly what Jefferson was warning about (“When all government…shall be drawn to Washington…).
Thomas Jefferson…
“You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.
Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privileges of their corps…
Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.”
Ideological and political members of the judiciary continue to wipe their feet on the Constitution.
Tariffs imposed on the United States by foreign countries are perfectly legal.
Tariffs imposed on foreign countries by the United States are not.
History be damned…
Do these judges hear themselves?
They do hear themselves. They just hope that WE don’t notice what they’re doing.
It’s quite clear they are not followers of the Constitution as written, which they ignore. I doubt they give us a single thought, Johnny.
As they spit on that precious document, so also do they on us.
While taking our $ being paid much more than they deserve and accepting Bribes to sway their OP
Nothing is sweeter to a despots ears than their own voice…
Brilliant…and unfortunately true.
Oh for every jurist to fit the mold of Thomas, Alito, and the very much missed Scalia…
Correct. I think we are close
Smiling, as I think to myself…extremely brilliant!
Abraham Lincoln had an interesting take on the situation.
Wishful thinking. The media power to crush a president for being “outrageously unlawful” as they’d call Trump could end his career and that of many of his congressional supporters. The Fathers left holes in the writings, things they couldn’t foresee, exploited by today’s communists. If I was wrong they’d not be doing it.
The Bolshevik network is greater than our votes or best efforts… it’s deeply rooted in Luciferian ideology that is networked thruout our economy, courts and media. Only God can rip it out, and he will but it will end our nation as we know it.
Really good point.
“Performative victories,” how aptly put. It’s really all that they have left, beyond election theft.
Unfortunately, both are a problem for the republic and both have to be dealt with. The political process shouldn’t have to constantly sustain these interruptions by “performative black robes” with god complexes, or a Democrat party that operates the ballot box like a national RICO organization.
J
If we had just one more full time D justice we’d be under communism by 2028. We don’t have representation.
Yes but it’s eating up valuable time, running out the clock on Trumps window of opportunity.
C.J. J. Roberts will again have his chance to be influenced by the anti-MAGA-elites of the uni-party. May it not come to pass.
Too many courts tying our Gulliver down. There is no longer a U.S. teat to suck off of, and that is just fine with our so-called “judges” and Democrats and the rest of the world. No one in this country except our President and his cabinet give one little damn about this country or its people. It’s all about taking what isn’t theirs. It will end because we have Donald J. Trump as our President. Thank you, sir, for fighting the battle for the country.
Deborah, you rightly say…”It will end because we have Donald J. Trump as our President.” – truth, but not the entirety of the whole truth.
Having PDJT as our president at such a time as this is a blessing over our country, only from God above.
If not for God’s blessing us with PDJT (and saving him in Butler -no small thing!), our country would have been lost.
Anyone who hasn’t felt that truth surrounding them has some serious blinders on.
Only God’s hand on our ‘One Nation Under God’, has brought us this far.
Thanks and praise goes up to Him!
Prayers in thanks, and for our continued grace and favor in His sight – are especially needed for these times we are going through.
Praising and thanking You, today and every day, El Shaddai – God of the impossible!
Thank you, Sundance.
MAGA POWER.
👊👊🇺🇸🇺🇸🙏🏻🙏🏻❤️❤️
Pretend men are women, pretend you can change your sex, pretend the USA is racist, pretend guns are the problem, pretend fake vaccines are healthy, pretend grooming children is normal, pretend men belong in women’s sports, pretend they care about the lives of children, pretend open borders is normal, pretend drugs aren’t harmful, pretend Joe Biden won the election without cheating, pretend masculinity is toxic, pretend crime isn’t a problem, pretend DEI isn’t racism, and pretend judges aren’t activists.
All they are is one big collectivist group of pretenders.
Right on the money.
“Oh cause I…. I’m gonna make you see.
There’s nobody else here. Nobody like me.
I’m special. So special. I’m gonna have some of your attention. Give it to ME!” – The Pretenders
Excellent! And don’t forget “The Great Pretender” by The Platters, 1955. 👍❤️🇺🇲
Great toon! Great memories of a simpler time.
Was just thinking of that great song – those were the days my friend, we thought they’d never end – we’d sing and dance forever and a day …….
🎯
So much BS in government and politics in general.
James Carville apparently loses it saying the DNC must stop pushing WOKE policies. But that’s who they are and what they would do if elected-So pretend they are not for WOKE policies?
And, Republicans in Congress pretend they are conservative and support the policies desired by the people that elect them. Then after they get elected they become Establishment UniParty creatures and do the best they can to stop conservative policies.
And our judicial system pretends they are unbiased and follow the law when they destroy the Rule of Law in our country.
And Supreme Court Court Justices pretend they are Constitutional Scholars.
And the media pretend they are unbiased and not corrupt.
LOL
Yes, so true. What really bothers me more than the traitorous democrats, are the rinos! They really make me sick. So disingenuous and so happy to go along and lie to every American. I personally will never support another “republican”(no such thing) politician again. IT makes no difference to me what they say to try to garner monetary support. I will never support these treasonous liars again. They get elected under false pretenses and two seconds later they are voting against us, but pretend they are fighting for us! Truly despicable!
All they have is woke and TDS.
Well said and spot on!!
And, we recall in the DFW radio market, it was Chris Krok (N.B. conservative talk show host) who said: “You will be made to care.“
Just like when you were a kid and pretended to be whatever heroic figure you wanted to be, and pretended to not hear the call for lunch and pretended that the model plane you’d just built was real, or the forked sticks you carried were rifles and SMG’s and the pine cones you threw were really grenades or…..fill in the blanks for any other wondrous examples of childish imagination.
Leftism appeals to childish instincts and beliefs that most people put behind them when they grow up, until it reappears once again as they support and nurture their offspring’s journey into their imaginary worlds.
I find it highly appropriate that the Left’s pretend justice KBJ referenced Calvin and Hobbes in her dissent, because the comic strip encapsulates their childish perspectives and desire to retreat from reality.
The lefties are losing their grip…
Every time that PDJT has to go to the SCOTUS for the win it cements that win across this great land… in perpetuity.
Except that district courts have been ignoring the rulings of SCOTUS. Didn’t Gorsuch just write a paper on that?
Also, while Trump has following the rulings of the these district courts and SCOTUS, the Biden Administration ignored them and did what they wanted to do.
But Trump is King?
re: “Except that district courts have been ignoring the rulings of SCOTUS. Didn’t Gorsuch just write a paper on that?”
Can then Trump simply disregard said district courts, knowing the final outcome WILL be in his favor? It would seem so.
Its like the time my boss thought I was wrong, but I talked to HIS boss and straightened things out …
I would like to see Congress step up and either dissolve district courts who have been meddling, or impeach the judges and force their removal. As for impeachment proceedings, change the rules so judges can be impeached by simple majority vote. Not presidents, just lower court judges. Remove them.
So tired of the judicial tyranny.
I would like the Senate to step up too. But unfortunately, we have this judicial tyranny because of the partisan and self centered tyranny of the Senate body itself as well as the individual Senators themselves.
And if they changed the rules of the judicial impeachment vote to a simple majority, then the majority party would impeach only judges confirmed by the other party when it was in the majority.
It is quite the conundrum to figure out a solution without a more well defined meaning of what constitutes ‘good behavior or bad behavior’ on the part of a judge and a concrete way of both the determination of what bad behavior is and the practical process to remove.
Wouldn’t it be the thing. Give each judge a 3 strike rule like we do say, in California. If your decisions are overturned on appeal 3 times in say a year then you lose your position as a judge. It’s been mentioned here before. There is merit to the idea.
TWA: Trump Wins Again.
“Notice that no foreign nation is challenging these tariffs as applied. The legal challenges are all coming from inside the U.S.A, as multinational corporations fight to retain the status quo.”
Bingo
I love seeing these cockroaches scattering.
I would rather see a few of those cockroaches perp walking. We need arrests. Another week and Bondi is slow walking all of it.
The only good cockroach is a dead cockroach.
The courts are the tail wagging the dog.
The courts are the tail attempting to wag the dog.
The dog ain’t moving.
The courts are what the dog left on the sidewalk.
My gut tells me the President will prevail.
It’s only my opinion, but watching and listening to the President he is focusing on whether the funds to operate government will come from the pockets of American taxpayers or the pockets of people around the globe who want American goods and want to sell us theirs.
It’s a step on the road to eliminating federal income tax and replacing it with tariff income, hence PDJT created the External Revenue Service to replace the IRS. They won’t go away without a fight.
Talk about the economic engine running at full throttle!
Wouldn’t it be a beautiful dream come true!
The Second Gilded Age.
Yes, it is a battle between the IRS and ERS. What happened is that half of the people, the Democrat base, do not pay any income tax and workers cannot afford it anymore.
Trillions at stake or put more precisely, the middle class still has trillions we need to exfiltrate (steal). “That’s our money.”
These activist judges have to be investigated for corruption and disbarred and criminally charged. Otherwise we have no country.
The IEEPA covers lots of stuff the President can do. Laying tariffs isn’t one of them. He had/has multiple other mechanisms – in law – to use. To his trade office legal advisers, bad dog/no biscuit. Go back & do it right so these performative pearl-clutchers can go back to their safe space & STFU.
But then we wont know who they are. Better to have them expose themselves so the people and whole world can see who they are and what they stand for.
I’m becoming more of the opinion that the term “hanging judges” should take on a new meaning altogether different than the traditional Judge Roy Bean folklore. More participle, less adjective. (Hopefully I remembered my grammar lessons from many decades ago).
President Trump is using Tariff Power instead of Military Power.
By removing the Economic Option, this ruling would therefore lead to War.
But the Prince of Peace is walking among the nations now, Hallelujah!
From sea to shining sea, Lord, and beyond, Amen!
I love our military. Look at that uniformed guy honoring our president and there to protect him if necessary. They are fantastic!
“It’s you they are after, I just stand in the way”.
The middle class. The “Forgotten men and women”.
“The Forgotten Man”. A good book by Amity Shlaes.
Pence’s group Advancing American Freedom filed a brief to go against the tariffs and he is now posting victory. Still a creep.
Pence’s group’s name sounds Orwellian. That guy is such an ass.
A rotting telephone pole shoukd befall him
The true American Judas
Even worse….he did it as a “Christian”…..in the name of Christ. ugh
ah yes China do loves the judges
My dream legislation 😁
The Federal Judiciary Reform Act of 2026
The purpose of this Act is to restructure the federal judiciary to provide for regular, predictable turnover while maintaining judicial independence and the rule of law.
All judges appointed to courts shall serve terms of no more than sixteen (16) years from the date of their appointment, subject to the provisions of this Act.
Too long a service time, perhaps 8 years is better.
Oh wait…the Senate has to confirm these people….nevermind….they will never keep up.
I have a suggestion. Keep the Judiciary independent. Establish a Judiciary Appointment Committee with 2 members from each of the various States appointed by the state legislators. The original Article I, Section 3 of the Constitution provides an excellent framework for such a body.
OK, I will go sit in the corner for a timeout for dreaming such frivolity. Sorry! I’m 81 I don’t know any better!
I prefer the approach of preventing the actual unconstitutional infraction.
No district judge should be allowed to weigh in on anything but cases that happen in its district.
Yes: I say “its.”
Usually I would employ the grammatically correct “he” (which includes an implied “her.)” But in this case, the judges committing this infraction are rather likely to be trans, or even what Jack Poso has correctly termed the “unhumans” for their Communism.
Tip of the 🎩 to the Boss above… Grammar geekdom is hard to resist…
Time to round up all the communists.
Activitst judges first, then the politicians and the civilian organizations can be declared seditionist
Norm Eisen/George & Alex Soros/Chamber of Commerce. All hate President Trump and see the USA as their playing tool. They decide how things are run the USA and they only.
Will be interesting to see SCROTUS deciding between money from globullist multi nationals (wall street) or money from middle class (main street). What will they choose?
And the dems fund raising gets a ( temporary )
boost as it miss claims that there are illegal tariffs – causing inflation on americans..
[ and when proven wrong, a month from now…there will silence by the dems – as they go about other unfair lawfare using dem favored judges ]
If the elected chief officer can not help with the nimble management of u.s. finances, then whom can help?
( insert the sound of crickets chirping )
Unread huge omnibus bills and / or perpetual continuiing resolutions are not nimble management of u.s. finances.
[ see $ 35 trillion u.s. debts for a clue on years of prior U.S. miss management ]
Whom runs the bar association(s) – giving people the privilege to malpractice on the interpretation(s) of written law?
The check and balance on that system seems to be a little ssslow at watching / acting upon the scales of equal justice for all – and that has a societal cost.
The ‘pocket’ recission placed forward to Congress for consideration
by the executive branch could help.
[ but does that also take a ssslow ‘act of Congress ‘ to effectuate less spending?]
Imho
Desperate Leftists and Globalists are flailing against a bold and decisive leader. These angry judges would destroy the USA in their Trump Derangement Syndrome. Judges who thwart the will of voting Americans who had the courage to elect President Trump should be permanently crushed.
America’s courts are becoming hopelessly irrelevant and impotent. Judges who are out of control must be ignored and/or arrested and imprisoned.
President Trump is freeing the American people from the tyranny of foreigners and huge banking and corporate powers who, for far too long, have been stomping on working Americans.
As Sundance points out the Justices DID NOT ADDRESS or RULE on the President’s declaration of an “national emergency”, which is the primary criteria for applying the IEEPA. So, how can the President NOT be Authorized to apply the IEEPA, if the Judges did not address the President’s declaring an emergency.
In their own words the Judges did not question the authority granted under the IEEPA …. all the Judges stated was that the President could not use the Authority under the IEEPA for the nebulous reason of using it too many times, without the Judges addressing if an emergency exists.
Granted since TRILLIONS are at stake .. I give this a 50-50 chance before the Supreme Court because this ruling matters to the Puppet Masters (Control and Money). Roberts, Kavanaugh, Gorsuch and Barrett will be activated if the Puppet Masters determine the ROI and potential loss of control on this one is not worth the wait until 2028 … to have another President undo the orders or 2026 to have Congress do something to water down the Presidents efforts.
OF course …. Our favorite guys in Congress could short circuit this whole legal effort with legislation supporting the President use of the IEEPA … but alas they are on vacation and as always out to lunch.
I doubt Senate Republicans would vote for Tariffs.
Unless those tariffs are bone-crushing…
“The first thing we do: let’s kill all the lawyers.” – Shakespeare, Henry VI
With a few important exceptions, the tariffs have achieved their primary goal: to force trade deals that bring an end to the trade imbalances. I suspect the short deadlines were, in part, driven by concerns over the courts.
This will make an excellent 2026 campaign theme that will split the Democrats to pieces. Because a lot of their voters favor these policies. And these policies are going to do regular Americans a lot of good.
And you also run on the twin tandem of reducing the power and jurisdiction and size of the federal courts.
Will had it right!
“This will make an excellent 2026 campaign theme that will split the Democrats to pieces. Because a lot of their voters favor these policies. And these policies are going to do regular Americans a lot of good.”
I admire your optimism. Since when have the present Dems/Dem Voters demonstrated concern for “regular Americans”?”
Bessent and Rubio are using the wrong argument. The U.S. would be embarrassed if the tariffs are knocked down? The rest of the world doesn’t care if we, the U.S., is embarrassed. They should be quoting the act as stated to make their case.
In conclusion, marxist lawyers are our biggest problem.
That map is significant. Most likely the blue areas are filled with illegals that counted towards seats in Congress, and where a lot of brainwashed leftists live.
Each Blue Blob is centered on a major city and growing urban corridors. … run by democrats for at least the past 25+ years.
The interest of note is the US Urban areas are also Communications Hubs … so the operations of the Financial Puppet Masters are also located within the Blue Blobs.
Congressional seats and electoral votes.
The President is not allowed to do what he’s doing (unlawful action),
but he can keep doing what he’s doing for at least the next 6 1/2 weeks (because no party is being irreparably harmed)
and SCOTUS may want to weigh in on it.
Hot potato! Hot potato! Hot potato!
So sickening how these judges pop up with their findings! Has anyone checked their bank accounts? I suspect incoming cash flow from Soros and his brand of socialist thugs.
even after the Gorsuch smackdown, this imperial judiciary still dares to defy SCOTUS rulings past & present… our feckless Congress should defund the 6 obama/biden judges where most of these illegal rulings r coming from
billions in mthly tariff revenue and the imperial judiciary wants to cancel this….
Better yet, impeach them. But I can’t see, or even imagine, that happening!
It also feels like the ‘insiders’ have been communicating with the Indian govt all along emboldening them to act tough.
Why did Potus premataurely lower the remittance tax on india?
From the man on the street perspective india is a much more pernicious threat than xhinese nationals.
Indians are running roughshod over jobs housing and creating cancerous enclaves especially in NJ.
We need to kneecap india.
I experienced the Jersey Indian takeover personally in Edison. The township has an Indian mayor now, that didn’t take long.
The CCP should start their invasions of what was once the great and powerful USofA as President Trump has no powers according to any low level judges and their courts. Trump would be TRO’d immediately if he tried to order the military to defend the nation. Good grief I am tired of these courts.
If the tarriff environment is enforced under auspice of a “national emergency”
Could someone explain how the US nationally benefits from a 50% tarriff on Brazil
A country that has a trade surplus with the US, and that Trump has alluded the tarriff exists because of maltreatment of Bolsonaro
When a court starts weighing the legality or illegality of tarriffs one should also look at the reason behind them
Flat tarriff anyone pays 20%.. Sure
But is it sound and legal then to impose 50% on the countries you dont like (Brazil) Or as blackmail and coercion because they dont do as you say (50% on India) and in contrast 10% on the countries you DO “like”?
That produces something that is going to be diffiicult to uphold in court (especially when the evidence is going to be Trump truth social posts)
I am not arguing about whether tarriffs should be there or not.. One comment isnt going to change the world.
Just how the national emergency selling point might hold up once it gets to an objective court. (which are hard to find nowardays anyway)
The Bolsonaro issue was an own goal. Also the term tariff is being used incorrectly by both sides. What has been placed on Brazil are sanctions. There is nothing economic about them.
Roberts values his precious process more than any substance. The Supreme court is unreliable at best.
I want a new EO requiring that every financial tie of every elected and appointed federal worker be made public. This must include any apparent consideration immediate family receive while those in power retain power and for a decade afterward. There are always some true believers in the cause, but they are free compared to those who believe in the financial benefit of using their position.
This ought to include a near instantaneous publication of any investment in which the above participate.
Multi-national corporations, I think, are the problem. Or, one of the big ones anyway!
Our forefather’s got it right in 1776 and now it’s beginning to appear that American Patriots are going to have to do it again to save America. I believe now that the military way is the ONLY WAY forward. I can’t believe as a whole that our military at least at the ones who engage the real enemy of freedom would take up arms against Patriotic Americans.. In our “Declaration of Independence” our founding fathers told us that someday our government would get to this point. ‘Jus one man’s opinion shared by many, this could be our last opportunity to fix it. We NEED to STOP the STEAL this time, military checking credentials for citizenship and residency making sure that each voter gets ONE PAPER BALLOT on ONE DAY counting SUPERVISED BY MILITARY and NO MAIL IN BALLOTS ALLOWED AGAIN, EVER!
Send your suggestion to Don Jr.
So the blind judge panel says Trump can’t collect tariffs but they have no offsetting authority for foreign counter parties to stop collecting tariffs.
They are going down on the Titanic.
There are countless activist judges who are both eager and personally fulfilled by earning their team Democrat varsity letter in lawfare by stalling or ceasing PDJT’s initiatives, and this will very likely continue throughout his term in office. Their impunity when ignoring SCOTUS rulings also encourages them to do so.
https://townhall.com//tipsheet/jeff-charles/2025/08/26/supreme-court-issues-scathing-warning-to-lower-courts-n2662354
There is no embarrassment within their cabal to being overturned at any level in the state or federal judicial hierarchies. Instead, whatever obstruction or derailment that can be achieved is hailed by their leftist constituency as a badge of honor.
Rogue federal judges are the last line of defense in impeding or stopping MAGA presidential decisions and programs, other than the ultimate crime.
Remember Wittes raising the notion of an “insurance policy”, the metaphor of a “zombie apocalypse”/pandemic, …?
Here’s his Plan C:
Benjamin Wittes, Lawfare “The Coalition of All Democratic Forces, Part 3: What if Trump Wins”, Oct 24, 2016
https://www.lawfaremedia.org/article/coalition-all-democratic-forces-part-iii-what-if-trump-wins
“…That leaves the tool that will certainly be available: the courts. The courts have a few obvious advantages, starting with hundreds of independent judges of both parties whom Trump cannot remove from office and who don’t have to face his supporters in forthcoming elections.”…
“…The broader ambition should be a very public, cross-ideological network of lawyers and philanthropists willing to:
Provide first-rate counsel to defend individuals and groups whom Trump or his minions go after in retaliation for speaking their minds or criticizing him or opposing him politically;
Actively challenge policy initiatives that threaten core democratic values;
Monitor the Justice Department and major regulatory enforcement bodies for signs of political corruption or misuse;
Interface with Congress to maximize whatever opportunities there may be for oversight and legislative push-back;…”
“…If Trump wins it, the Coalition of All Democratic Forces needs to be prepared to see him in court.”
Sundance’s map is 95% red and those red areas encompass ALL of rural America, while the sprinklings of blue encompass ALL of urban America!
Thomas Jefferson believed living in cities was bad for the morals of its citizens, “I am not a friend to placing growing men in populous cities because they acquire there habits; partialities which do not contribute to the happiness of their after life.”
He also commented to Dr. Benjamin Rush, “I view great cities as pestilential to the morals, the health and the liberties of man.”
So it’s only natural that the Democrat party, Hollywood and the globalist establishment are ALL city folk!
Jefferson knew what he was talking about!
Once again our constitution is either ambiguous or incomplete in cases of executive vs judicial power. We are winging it, swinging from branch to branch hoping we win over judges to save our country.
This is why we are in continual lawfare, because these Bolsheviks exploit these legal holes. How will this ever be rectified under majority rule from a bench of east coast lawyers-turned judges?
Don’t start with the We’re not a democracy, we’re a Republic. Are these drunk judges our representatives when we can’t even vote on them? It’s going to be the end of the so-called experiment if not resolved soon.
Bastiat sighting. Awesome!
Well said.
All 7 judges who voted against Trump’s tariffs were appointed by Democrats. Democrats can’t build up. They can only destroy.
Great thread and some outstanding comments! Some of our old timers are pausing to post. Thank you. Good to hear from you and know you are still here in the Treehouse.
Congress can pass a maximum of three Reconciliation bills each year. Reconciliation must deal with budget, spending, revenue or the debt limit. Reconciliation bypasses the Senate filibuster and passes on a simple majority in both House and Senate.
The One Big Beautiful Bill was the first Reconciliation bill. Getting it all rolled into one big bill was important because it kept alive the possibility of two more in the arsenal.
Congress can and must pass a tariff authorization as a second Reconciliation bill.
Tariffs are essential for revenue, reducing debt, etc. They clearly fall under the Reconciliation scope.
Get it done before October 14th and all these court decisions become moot, null and void.
The Democrats in the Senate cannot stop it with a filibuster.
No excuses.
TY for the explanation.