4 ms·

SCOTUS is entirely to blame for the chaos here, the courts quickly found the tariffs illegal but they used the shadow docket to stay the ruling causing the ille

SCOTUS is entirely to blame for the chaos here, the courts quickly found the tariffs illegal but they used the shadow docket to stay the ruling causing the illegal behavior to continue for a year.

eitau_1 7mo ago
It's even more to blame given that it stripped the NEA and IEEPA acts of legislative guardrails in 1987. [0] https://fivepoints.mattglassman.net/p/the-court-ieepa-and-the-legislative https://fivepoints.mattglassman.net/p/the-court-ieepa-and-th...
- joveian 7mo ago
  Thanks, very interesting article! Also these two linked from that one: National emergencies: Chadha wasn't the problem https://prototypingpolitics.substack.com/p/national-emergencies-chadha-wasnt https://prototypingpolitics.substack.com/p/national-emergenc... Elizabeth Goiten (Brennan Center) testimony to a senate committee on May 22, 2024 (a nice summary of the general issue of executive use of emergencies) [PDF] https://www.hsgac.senate.gov/wp-content/uploads/Testimony-Goitein-2024-05-22.pdf https://www.hsgac.senate.gov/wp-content/uploads/Testimony-Go...
flawn 7mo ago
To blame in a second order but this is the admin's work overall, they shouldn't have tried to fund their PACs and pocket this money into their family & friends' bank accounts. Just shows how broken the system is.
scoofy 7mo ago
Any sensible administration implementing such an obviously suspect tariff regime could have easily put the tariffs in a kind of escrow instead of just pretending it's novel policy was trivially constitutional. Blaming SCOTUS here is not out of the question, but they should not be "entirely" to blame, unless you think it's totally fine to run the Executive branch like you're trying to get away with something. It's not.
- platevoltage 7mo ago
  Right. I’m okay with blaming both.
- unethical_ban 7mo ago
  Of course not, you're right. I think the parent comment implies the responsibility of the Trump administration, the same way criticizing a botched police response implies blaming a mass shooter for a crime. A sensible administration would not have used emergency powers to implement worldwide tariffs because they don't like how the world economy is shaping.
solid_fuel 7mo ago
There are three co-equal branches of government. SCOTUS is to blame for the chaos, but so is Congress. The Republican members of Congress could have joined the Democrats at any point to reassert Congressional power over tariffs and taxation. They chose not to. They also chose to appoint the conservative majority on the Supreme Court which made these choices.

SCOTUS is entirely to blame for the chaos here, the courts quickly found the tariffs illegal but they used the shadow docket to stay the ruling causing the illegal behavior to continue for a year.

eitau_1 7mo ago

It's even more to blame given that it stripped the NEA and IEEPA acts of legislative guardrails in 1987. [0] https://fivepoints.mattglassman.net/p/the-court-ieepa-and-the-legislative https://fivepoints.mattglassman.net/p/the-court-ieepa-and-th...

joveian 7mo ago
Thanks, very interesting article! Also these two linked from that one: National emergencies: Chadha wasn't the problem https://prototypingpolitics.substack.com/p/national-emergencies-chadha-wasnt https://prototypingpolitics.substack.com/p/national-emergenc... Elizabeth Goiten (Brennan Center) testimony to a senate committee on May 22, 2024 (a nice summary of the general issue of executive use of emergencies) [PDF] https://www.hsgac.senate.gov/wp-content/uploads/Testimony-Goitein-2024-05-22.pdf https://www.hsgac.senate.gov/wp-content/uploads/Testimony-Go...

flawn 7mo ago

To blame in a second order but this is the admin's work overall, they shouldn't have tried to fund their PACs and pocket this money into their family & friends' bank accounts. Just shows how broken the system is.

scoofy 7mo ago

Any sensible administration implementing such an obviously suspect tariff regime could have easily put the tariffs in a kind of escrow instead of just pretending it's novel policy was trivially constitutional. Blaming SCOTUS here is not out of the question, but they should not be "entirely" to blame, unless you think it's totally fine to run the Executive branch like you're trying to get away with something. It's not.

platevoltage 7mo ago
Right. I’m okay with blaming both.
unethical_ban 7mo ago
Of course not, you're right. I think the parent comment implies the responsibility of the Trump administration, the same way criticizing a botched police response implies blaming a mass shooter for a crime. A sensible administration would not have used emergency powers to implement worldwide tariffs because they don't like how the world economy is shaping.

solid_fuel 7mo ago

There are three co-equal branches of government. SCOTUS is to blame for the chaos, but so is Congress. The Republican members of Congress could have joined the Democrats at any point to reassert Congressional power over tariffs and taxation. They chose not to. They also chose to appoint the conservative majority on the Supreme Court which made these choices.