The Bullshit about John Roberts' Tolerance for Bullshit - emptywheel

"Since imposing each set of tariffs, the president has issued several increases, reductions and other modifications. One month after imposing the 10 percent drug trafficking tariffs on Chinese goods, he increased the rate to 20 percent. One month later, he removed a statutory exemption for Chinese goods under $800. Less than a week after imposing the reciprocal tariffs, the president increased the rate on Chinese goods from 34 percent to 84 percent."

"just about every part of [Isgur's] argument is specious, noting how Isgur has to ignore the Shadow Docket to concoct data to support her argument."

"the potential effectiveness of combining litigation and political action as a strategy for resisting abuses of government power, because the unpopularity of the tariffs made it easier to rule against them."

Following a Supreme Court decision on tariffs, commentators offered competing interpretations of its significance. Sarah Isgur argued the ruling proved the Court is not a partisan Republican instrument, but Steve Vladeck countered that her analysis ignored the Shadow Docket and relied on selective data. Ilya Somin, a lawyer in the case, suggested the decision demonstrates how combining litigation with political action can resist government power abuses, particularly when policies lack public support. Linda Greenhouse identified exasperation in Chief Justice Roberts' opinion detailing the arbitrary nature of Trump's tariff modifications, though observers questioned whether this signaled meaningful judicial independence or represented premature optimism.

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