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SCOTUS: Tariff Delegation


               
2025 Nov 6, 12:51am   208 views  7 comments

by DemoralizerOfPanicans   follow (9)  

Final thoughts on the oral arguments. The only justice that was 100% for the opposition was Justice Jackson. Both Kagan and Sotomayor had some moments where they agreed with Trump's case. Sotomayor is probably a firm, no though. Kagan, I'm not sure. It's probably a no also.

Alito, Kavanaugh, and Thomas all are a firm, yes.

Roberts was pretty neutral and could go either way.

Barrett and Gorsuch started leaning as a no, but the opposition arguments were so bad that by the end, I think both were leaning towards yes.

So I could see any outcome for a yes from 8-2 to 5-4.

If they do rule against Trump, I can't see it as more than a 6-3 decision and most likely a 5-4.

If I had to make a bet, it would be in Trump's favor and a 6-3, but it's important to note that this case isn't just about the merits of the case. There are a lot of politics and $$trillions at stake, so it's really anyone's guess at this point what the final decision will be. Im sure the trump admin is making plans for either decision, and I doubt the case will stop him if they rule against him.

https://x.com/unseen1_unseen/status/1986143650972131787

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1   MolotovCocktail   2025 Nov 6, 1:02am  

DemoralizerOfPanicans says


but it's important to note that this case isn't just about the merits of the case. There are a lot of politics and $$trillions at stake


That's an argument for the court to tank the tariffs. Biggest reason: there are other laws Trump can use to apply the tariffs. That gives SCOTUS their out to rule against Trump in this case.
2   SharkyP   2025 Nov 6, 9:05am  

I listened to the whole argument. I came away thinking the justices were looking for ways to uphold the tariffs. Jackson at times didn’t seem to know what she was talking about and asked rather dumb questions. I think it will be 5-4 in favor of tariffs.
3   Eric Holder   2025 Nov 6, 9:09am  

MolotovCocktail says

there are other laws Trump can use to apply the tariffs.


And frankly this is what he should've done from the get-go. The argument of expediency is a shallow one because of multiple TACOs which followed the inital announcement.
6   Ceffer   2025 Nov 6, 11:27am  

Maybe they should check the offshore accounts of the SCOTUS and see which look like anacondas swallowing a pig.
7   Ceffer   2025 Nov 6, 11:53am  

If it is about Congress delegating the tariff powers to the Executive, it appears that has already been done and precedented. Trump isn't legislating, he's exercising a conferred power.

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