We're on the Unfuck Stage of Trump's Abuse of Power - emptywheel

"The primary argument comes down to Katyal's emphasis: that because tariffs raise revenues, they are part of Congress' power. Sauer was stuck, over and over again, attempting to argue that the intent of these tariffs was not to raise revenue, it was to encourage capacities in the US. Eventually, someone (either Katyal or Amy Coney Barrett rescuing him on the difference between licenses and tariffs) pointed out that the government had already bragged in declarations that they planned to make $4 trillion from the tariffs."

"No one talked about coffee, or anything else that the US has no ability to replace. Katyal did raise Switzerland, with which we have a trade surplus. Sonia Sotomayor raised the silly tariffs on Brazil for hold Jair Bolsonaro to account. Even Sammy Alito all-but conceded that there was no real emergency here, the basis on which Trump has accrued the power to impose taxes."

Legal debate centered on whether the tariffs are an exercise of Congress' power because they raise revenue or an independent executive trade instrument. Katyal emphasized that tariffs raise revenues and thus fall within Congressional authority. Sauer repeatedly argued the tariffs aimed to encourage domestic capacity rather than raise revenue, while government declarations indicated plans to collect about $4 trillion. Justices questioned examples like Switzerland and Brazil and probed the emergency basis for the tariffs. Several justices expressed skepticism about invoking emergency powers without a true emergency. Early impressions suggested multiple justices might rule against the tariffs.

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