"Invalidating the tariffs would also allow the Supreme Court to show that it's independent, occasionally willing to defy Trump. That would help the court. Invalidating the tariffs also doesn't hurt Trump too much because Trump has fallback mechanisms for reimposing similar tariffs under other laws if he's dead-set on maintaining tariffs. Also, because Trump can reimpose tariffs, he's unlikely to ignore the court's order, creating a constitutional crisis. Instead, he'll use a different route to reimpose the tariffs."
"That's not really the way the Supreme Court thinks. The court actually does more law and less politics than I do, but you see what I'm driving at. The Supreme Court will strike down Trump's tariffs, which might well improve the economy and strengthen the Republicans' hand in the midterm elections in November. The court would be doing Trump a favor."
The Supreme Court will likely strike down President Trump's "liberation day" tariffs as unlawful. Invalidating the tariffs would follow the law and allow the Court to demonstrate institutional independence by occasionally defying the President. Striking down the tariffs would not greatly harm Trump because he can reimpose similar tariffs using alternative statutory authorities, making noncompliance and a constitutional crisis unlikely. Removing the tariffs would likely lower certain prices and reduce economic uncertainty, potentially increasing employment and strengthening Republicans' position in the midterm elections. The Court's decision would therefore follow legal principles while producing political and economic consequences favorable to Trump and allies.
Read at Above the Law
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