The frustrating issue with the Supreme Court ruling [SEE HERE] is not simply the legal logic applied, which essentially boils down to actionable definitions surrounding the word “regulate,” but also the high court’s seeming blindness to the “emergency” part of the reason IEEPA was used.
Economic security is national security, and the hollowing out of our ability to independently sustain our national economic system posed a real and substantive threat to our nation. The court never evaluated the ‘urgency’ behind the International Emergency Economic Powers Act (IEEPA) as used by President Donald Trump.
Instead, the court began their legal analysis by seeking to define the word “regulate” as it applies to IEEPA. Part II–B, concluding: (a) IEEPA authorizes the President to “investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit . . . importation or exportation.” §1702(a)(1)(B) under the Act.
The majority of the court decided presidential ability to levy countervailing duties is not part of the ability to “regulate” importation.
In the opinion of the court, the President can block imports, nullify imports and prohibit imports, but the president cannot “regulate” imports through the use of tariffs. This is the representative logic of a John Roberts court, the voice of Bush Inc.
It is what it is – and many of us saw this nonsense as a likely outcome, but it is still frustrating to see such a detached parseltongue approach to legal opinions when the national security of our nation is at stake. These are the judicial minds who will watch the nation burn to the ground, just so they can remain in power ruling over the ashes.
Chief Justice John Roberts and Justices Amy Coney Barrett and Neil Gorsuch joined the court’s three liberals in the majority. Justices Brett Kavanaugh, Samuel Alito and Clarence Thomas dissented.
