# Trump Tariffs Struck Down

**URL:** <https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [May 29, 2025, 12:26am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927 "2025-05-29T00:26:43Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [September 4, 2025, 10:34pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/61 "2025-09-04T22:34:19Z")

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> [@Sage\_Rat](#):
>
> One thing that I wonder is, if the tariffs all do ultimately end up to be invalid, then the US government basically came in and outright stole a bunch of money from a wide swathe of the American public.
> 
> Does that mean a class action suit to try and get all the money back?

Sounds impractical. There’s too much money involved to do it in an arbitrary or incorrect manner, and the records do not exist to do it correctly.

If SCOTUS was seriously considering upholding the law and constitution on tariffs, they would have made sure there was a temporary order blocking tariffs not enacted by Congress.

According to the President, [“Without Tariffs, and all of the TRILLIONS OF DOLLARS we have already taken in, our Country would be completely destroyed,”](https://www.yahoo.com/news/articles/trump-says-america-destroyed-americans-170008931.html) And:

> [@](#):
>
> White House trade adviser Peter Navarro [agreed](https://www.youtube.com/watch?v=ipup1cvJNZo), telling Fox News that “if we lose the case, President Trump is right, it will be the end of the United States.”

If SCOTUS wanted to stop someone who grossly violated their oath of office in his first term, it seems to me the thing to do was to stop him from running two years ago. Now it will be much messier to stop him and/or impossible, so they won’t try.

Maybe I’m wrong, but my interpretation of “the end of the United States” is the end of having the President do what SCOTUS says. TACO? Maybe, but IMHO SCOTUS will not risk it.

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**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [September 4, 2025, 10:43pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/62 "2025-09-04T22:43:37Z")

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> [@penultima\_thule](#):
>
> Surely that money should get reimbursed to the international countries/businesses/people who, you know, paid the tariffs?

Whoa!

While businesses paid all of the tariffs, much, probably most, was passed on to people like me.

Refunding to the businesses would hand the Democrats a tremendous campaign issue. While the GOP does hand the Democrats campaign issues from time to time (abortion), do not count on it.

Another issue is that SCOTUS reversing most tariffs would seriously increase the budget deficit. Tax reductions in the Big Beautiful Bill are much greater because of the expectation of tariff revenue.

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**Author:** ![Horatius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/horatius/32/3572_2.png) [@Horatius](https://boards.straightdope.com/u/Horatius)\
**Post date:** [September 4, 2025, 10:43pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/63 "2025-09-04T22:43:41Z")

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That right there is the best evidence I have that the tariffs will ultimately fall. Those guys have way better information and legal analysis that any of us could have, and they’re not in the habit of making bad bets. They’re gambling that this ruling will stand.

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**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [September 4, 2025, 10:46pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/64 "2025-09-04T22:46:12Z")

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SCOTUS knows the chaos that upholding the tariff strike down will cause. There’s no way they go against Trump and survive.

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**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\
**Post date:** [September 4, 2025, 10:55pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/65 "2025-09-04T22:55:11Z")

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> [@Horatius](#):
>
> Those guys have way better information and legal analysis that any of us could have, and they’re not in the habit of making bad bets. They’re gambling that this ruling will stand.

So how do we get in on the action? Asking for a friend.

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**Author:** ![penultima\_thule](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/penultima_thule/32/3833_2.png) [@penultima\_thule](https://boards.straightdope.com/u/penultima_thule)\
**Post date:** [September 4, 2025, 11:05pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/66 "2025-09-04T23:05:13Z")

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> [@PhillyGuy](#):
>
> While businesses paid all of the tariffs, much, probably most, was passed on to people like me.

You sure? I read the statements from Ludnick & Bessent. They were crystal clear that tariffs were paid by the exporter and that there would be no inflationary effect to the US economy & consumer.

And now you grubby ingrates want your cut of the windfall?  
8 trillion USD, 347mil USAins = $23,000 and change per person.

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**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\
**Post date:** [September 4, 2025, 11:06pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/67 "2025-09-04T23:06:08Z")

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> [@Zoobi](#):
>
> There’s no way they go against Trump and survive.

Only Congress has the power to impeach Supreme Court Justices.

You’re also assuming that Trump actually cares. If he had a true belief in tariffs, as a remedy for some problem, then he would have sought a legal solution. I.e. he would have developed a plan to scale out tariffs and algorithmically raise and lower them, according to measured rates of trade deficit, nation-to-nation income disparity, and national security necessity. He’d have worked to convince Congress, and he’d have used his political might to push it through.

Like, if I’m really scared of that spider in my room then I go out and get a protective outfit and a magazine to roll up. If I get the spider on a stick and start chasing people around the room going, “He’s gonna getcha! He gonna getcha!” Then I’m probably not actually concerned about the spider.

Actions tell you more than words.

I’m not entirely sure what Trump’s fascination is with tariffs (I think he just picked it up from Ross Perot and doesn’t want to admit to being wrong) but his plays to delay and shrink them - and the fact that he was talked out of them for the first 4 years that he spent in office - would all seem to say that he understands that it’s an idiot move, and all he can hope to gain from it is to use insider trading to at least personally profit of it, however it shakes out politically.

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<div class="post-metadata">

**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [September 4, 2025, 11:09pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/68 "2025-09-04T23:09:48Z")

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> [@Sage\_Rat](#):
>
> Only Congress has the power to impeach Supreme Court Justices.

Lol, and only Congress should be able to enact tariffs, yet here we are.

If Trump wants to neuter the SC he certainly has the political power to do so.

There’s far too much money in play now to go back.

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**Author:** ![Sage\_Rat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sage_rat/32/399_2.png) [@Sage\_Rat](https://boards.straightdope.com/u/Sage_Rat)\
**Post date:** [September 4, 2025, 11:10pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/69 "2025-09-04T23:10:39Z")

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Like?

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<div class="post-metadata">

**Author:** ![penultima\_thule](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/penultima_thule/32/3833_2.png) [@penultima\_thule](https://boards.straightdope.com/u/penultima_thule)\
**Post date:** [September 4, 2025, 11:10pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/70 "2025-09-04T23:10:43Z")

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> [@Zoobi](#):
>
> There’s no way they go against Trump and survive.

There you go. I thought that immunity and independence was one of the primary rationale’s behind handing out life time appointments. You saying that’s broke too?

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<div class="post-metadata">

**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [September 4, 2025, 11:21pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/71 "2025-09-04T23:21:30Z")

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> [@Zoobi](#):
>
> SCOTUS knows the chaos that upholding the tariff strike down will cause. There’s no way they go against Trump and survive.

I lean towards this.

However, I do not totally rule out SCOTUS surviving a ruling against Trump’s tariffs.

SCOTUS could forget about the past and tell Trump to eliminate his tariffs with “all deliberate speed,” as they famously did with Brown v Board of Education, resulting in sixteen additional years for deep south dual school systems.

They wouldn’t literally do that. But what if they gave congress a year to put the Trump tariffs into laws?

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [September 4, 2025, 11:41pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/72 "2025-09-04T23:41:33Z")

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> [@Sage\_Rat](#):
>
> If he had a true belief in tariffs, as a remedy for some problem, then he would have sought a legal solution.

Ha ha. Trump would have. Yeah, that’s what Trump would have done.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [September 7, 2025, 12:54am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/73 "2025-09-07T00:54:11Z")

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I am almost disappointed. A year of these grotesque tariffs will result in real inflation and the 2026 election will be a Dem wave. The sheepies won’t care but the independents who voted against Harris because eggs were too expensive might notice.

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**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\
**Post date:** [September 7, 2025, 1:10am UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/74 "2025-09-07T01:10:18Z")

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> [@Sage\_Rat](#):
>
> In general, if the President’s whole plan to use emergencies and executive orders to subvert the law and the power of Congress fails, I feel like that basically turns him into the largest lame duck president in all of history.

But if it doesn’t fail, and the fascists on the Supreme Court support Trump’s power to do whatever the hell he wants – which so far they have largely been inclined to do – it will turn him into the worst tyrant and greatest threat to freedom in all of American history.

The sad and frightening reality is that the tariffs are plainly and blatantly illegal because they were enacted by EOs issued under the pretext of a national emergency, and clearly no such emergency exists. If the Supreme Court upholds the tariffs they are blatantly flouting the rule of law and the constitutionally mandated separation of powers.

My guess – and I sure hope I’m wrong – is that the Supreme Court will decline to overturn the tariffs for two reasons. One is that the majority tend to be Trump-supporting nutjobs. But the other, which applies to all but the most conscientious justices, is a desire to keep a low profile and minimize chaos and turmoil. When those two motivations happen to align, well …

> [@Hari\_Seldon](#):
>
> A year of these grotesque tariffs will result in real inflation and the 2026 election will be a Dem wave. The sheepies won’t care but the independents who voted against Harris because eggs were too expensive might notice.

I don’t know. Inasmuch as Trump is maneuvering to manipulate economic statistics like job numbers, economic realities may become murky, replaced by Orwellian official declarations about how wonderful everything is. The tariffs are hitting the job markets in both Canada and the US, but most Americans have no idea.

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**Author:** ![Zoobi](https://avatars.discourse-cdn.com/v4/letter/z/13edae/32.png) [@Zoobi](https://boards.straightdope.com/u/Zoobi)\
**Post date:** [September 9, 2025, 9:17pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/75 "2025-09-09T21:17:22Z")

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> **[Supreme Court to quickly consider if President Donald Trump has power to...](https://apnews.com/article/trump-tariffs-supreme-court-d1d0dd6ddd83e2c1df1598e468b839f5)**
>
> The Supreme Court is granting an unusually quick hearing on whether President Donald Trump has the power under federal law to impose sweeping tariffs.

We’ll see soon enough I guess!

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<div class="post-metadata">

**Author:** ![PhillyGuy](https://avatars.discourse-cdn.com/v4/letter/p/ed655f/32.png) [@PhillyGuy](https://boards.straightdope.com/u/PhillyGuy)\
**Post date:** [September 9, 2025, 10:06pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/76 "2025-09-09T22:06:55Z")

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From last post’s link:

> [@](#):
>
> The administration did win over four appeals court judges who found the 1977 International Emergency Economic Powers Act, or IEEPA, lets the president regulate importation during emergencies without explicit limitations.

This is so ridiculous. Aside from the question of whether Trump violated the law, raising taxes is always a congressional function and never an emergency.

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [January 18, 2026, 6:59pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/77 "2026-01-18T18:59:10Z")

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So where is the Supreme Court on this issue of the legality of tariffs?

I think it’s well past time for them to pull the thumbs out of their collective asses and rule definitively on this.

Trump is now putting tariffs on strong ally countries that do not agree that he can take over part of a NATO country. This is, to be blunt, fucking insane, and obviously illegal.

But the Supreme Court is still deliberating? Still considering? Still thinking really hard about this.

GET MOVING.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [January 18, 2026, 7:02pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/78 "2026-01-18T19:02:17Z")

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> [@Euphonious\_Polemic](#):
>
> But the Supreme Court is still deliberating? Still considering? Still thinking really hard about this.

It’s almost like Merick Garland was on the Court.

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**Author:** ![Kolak\_of\_Twilo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kolak_of_twilo/32/73_2.png) [@Kolak\_of\_Twilo](https://boards.straightdope.com/u/Kolak_of_Twilo)\
**Post date:** [January 18, 2026, 7:12pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/79 "2026-01-18T19:12:21Z")

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What are the odds the delay is because Alito is dragging ass in writing the dissent?

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<div class="post-metadata">

**Author:** ![needscoffee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/needscoffee/32/1076_2.png) [@needscoffee](https://boards.straightdope.com/u/needscoffee)\
**Post date:** [January 18, 2026, 7:25pm UTC](https://boards.straightdope.com/t/trump-tariffs-struck-down/1018927/80 "2026-01-18T19:25:12Z")

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I’m a close relative of one of the plaintiffs. A decision wasn’t even expected until _maybe_ mid-January, maybe later. Many friend-of-the-court briefs were expected to be submitted for the judges to go over.

My own thoughts: Hopefully with trump’s new wave of tariff threats, they’ll get off their duffs and act. Unfortunately, no one knows which way they’ll vote. Alito and Thomas are expected by the pundits to vote for Trump. Likely Kavanaugh, too. Roberts and Gorsuch are unknowns. Barrett is also a mystery.

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