US president Trump: The Supreme Court tariffs ruling has given me more power than before

  • Trump remarks on Truth Social
Trump

From the man himself:

"The supreme court (will be using lower case letters for a while based on a complete lack of respect!) of the United States accidentally and unwittingly gave me, as President of the United States, far more powers and strength than I had prior to their ridiculous, dumb, and very internationally divisive ruling. For one thing, I can use Licenses to do absolutely “terrible” things to foreign countries, especially those countries that have been RIPPING US OFF for many decades, but incomprehensibly, according to the ruling, can’t charge them a License fee - BUT ALL LICENSES CHARGE FEES, why can’t the United States do so? You do a license to get a fee! The opinion doesn’t explain that, but I know the answer! The court has also approved all other Tariffs, of which there are many, and they can all be used in a much more powerful and obnoxious way, with legal certainty, than the Tariffs as initially used. Our incompetent supreme court did a great job for the wrong people, and for that they should be ashamed of themselves (but not the Great Three!). The next thing you know they will rule in favor of China and others, who are making an absolute fortune on Birthright Citizenship, by saying the 14th Amendment was NOT written to take care of the “babies of slaves,” which it was as proven by the EXACT TIMING of its construction, filing, and ratification, which perfectly coincided with the END OF THE CIVIL WAR. How much better can you do than that? But this supreme court will find a way to come to the wrong conclusion, one that again will make China, and various other Nations, happy and rich. Let our supreme court keep making decisions that are so bad and deleterious to the future of our Nation - I have a job to do. MAKE AMERICA GREAT AGAIN! President DONALD J. TRUMP"

I don't quite see how that is the case but I'd be happy to be enlightened. As summarised previously here, the Supreme Court applied the "major questions" doctrine and stated that the IEEPA does not grant Trump the authority to impose tariffs in a 6-3 decision.

TRUMP TARIFFS 23-02

That now sees Trump having to pursue other avenues, invoking Section 122 of the Trade Act of 1974 to impose a blanket 15% tariff for the next 150 days.

After that, Trump will need Congress' approval to extend them - which is unlikely to work out. And even so, the Supreme Court can come back around again to stop him from conveniently trying to abuse a loophole of having to reissue the Section 122 tariffs every 150 days.

As such, the next logical and likely step would be Trump needing to pursue tariffs under the pretext of "unfair trade practices". That calls for Section 301, which is a more surgical and tedious process in trying to enact tariffs. It requires the USTR to prove that other countries are acting "unreasonably" or "discriminatorily" towards the US in their trade practices.

And as mentioned earlier:

"The issue here is that there might be a bit of a gap as Section 301 investigations usually take 6 to 12 months to complete because they require public hearings and evidence-gathering. So if they aren't completed by around July or August, there will be a gap in which Trump may not be able to place tariffs as he pleases. So, there's that."

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