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Trump's global tariffs struck down by US Supreme Court

bbc.com

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Re: Trump's global tariffs struck down by US Supreme Court

#141

Post by apexalpha »

xnx wrote: post #57

Am I understanding this right? 1) US customer pays huge import tax on imported goods in the form of higher prices. 2) Seller sends the collected tax to the US government 3) US government will refund all/most of that tax back to the seller after this ruling 4) Seller gets to keep the returned tax money as pure profit (no refund to customer)

There are usually a few companies between the importer and the consumer. So the importers could only refund the business they sold it to and likely won't if nothing was specified in the purchase contract.

Though this is obviously a first so expect a billion lawsuits about this.

Re: Trump's global tariffs struck down by US Supreme Court

#142

Post by parineum »

dylan604 wrote: post #120
apawloski wrote: post #83

Great news for people who had to bend over backwards pretending this disruptive, nakedly corrupt behavior was "good, actually." But unfortunately, there are other channels for them to effectively do the same thing, as discussed in oral arguments. So still not a major win for American manufacturers or consumers, I fear.

Sure, but now SCOTUS can say they are not a rubber stamp for POTUS. "See, we just ruled against him. Sure, it's a case that doesn't really solve anything and only causes more chaos, but we disagreed with him. This one time."

> ...but we disagreed with him. This one time.

They've actually done so numerous times already and have several cases on the docket that look to be leaning against him as well. There's a reason why most serious pundits saw this ruling coming a mile away, because SCOTUS has proven to not be a puppet of the administration.

Re: Trump's global tariffs struck down by US Supreme Court

#143

Post by fuoqi »

jeromegv wrote: post #126
fuoqi wrote: post #72

Earlier quoted context omitted.

This is why I mentioned "litigation" in my comment, i.e. you probably would need to separately sue the government if you want to refund the tariffs.

That's not how it works. There is a normal process in place for importers/brokers to request refunds if a specific tariff was overpaid or a tariff was ruled to be illegal. But if you imported through DHL and you were not the broker, that is more complicated, you might need to ask DHL for it, and they might not want to do it for you (as they don't have a standard process in place).

You assume that the executive branch would willingly follow the court decision. I think it's naive (doubly so for the current administration) and it's more likely that the tariffs will be re-introduced under a different sauce and that refund requests will not be processed using some flimsy excuses.

Re: Trump's global tariffs struck down by US Supreme Court

#144

Post by ReptileMan »

tayo42 wrote: post #81
tfehring wrote: post #56

Earlier quoted context omitted.

I don’t see how constitutional changes would help. The constitution already creates separation of powers, limits on executive authority, and procedures for removing an unfit president or one who commits serious crimes. But these only matter to the extent that majorities of elected and appointed officials care, and today’s ruling notwithstanding, there’s no political will to enforce any of them. The plurality of Ameri…

Fix some of the ambiguities that allowed power to be concentrated in the executive branch. Automatically start elected officials so things like avoiding swearing in don't happen. Limit the power of these executive orders. Introduce recall votes. Switch to public funding for all elections. Theres plenty we can do. That's off the top if my head. I'm sure if smart people sat down to think about it there are lots of prac…

Or hear me out - the congress should start doing their job. The main problem is the congress has been MIA for decades and outsources their power to the executive via regulatory bodies. And probably a good idea for SCOTUS to return some power to the states. There is too much power concentrated in washington, the congress refuses to yield it and the result is imperial presidency. Which is exalting when the president is from your faction and depressing when it is not.

Re: Trump's global tariffs struck down by US Supreme Court

#145

Post by padjo »

arunabha wrote: post #132

The ruling was 6-3 with Clarence Thomas, Samuel Alito and Brett Kavanaugh dissenting. Kavanaugh's dissent is particularly peculiar as he wrote 'refunding tariffs already collected could be a “mess” with “significant consequences for the U.S. Treasury.”' So, the justification is that undoing an illegal act is going to be unwieldy for the govt, so presumably, as a corollary, the govt must be allowed to continue doing i…

That's Kavanaugh for you.

Re: Trump's global tariffs struck down by US Supreme Court

#146

Post by petcat »

raincole wrote: post #31
drunner wrote: post #9

Is it all speculation still at this point for what happens next? Like are they immediately void, does the govt have to repay importers the now illegal loss? Or is this just another "trump did illegal thing but nothing will happen" kind of scenario?

Trump govt will find another way to circumvent this and keep the tariff. https://www.cnbc.com/2025/09/02/cnbc-daily-open-trump-admini...

Any further action to end-around the Supreme Court decision and re-impose the tariffs will almost certainly require broad Congressional approval. And this is a very bad time to try to do that since nearly half of those seats are up for re-election this year.

I think this issue is effectively dead at least until we see how the new majority shakes out in November.

Re: Trump's global tariffs struck down by US Supreme Court

#147

Post by bdangubic »

pavlov wrote: post #65
jen729w wrote: post #14

Earlier quoted context omitted.

> Constitutional changes Y'all have proven how worthless that piece of paper is.

There are many countries that have functioning constitutions that are regularly revised. It’s not impossible for the USA to get there one day.

it is impossible and it is great that it is impossible because you need one party to basically run everything at the federal level and vast majority at the state level which means that any changes to the constitution would be heavily politically motivated to one side of the isle.

Re: Trump's global tariffs struck down by US Supreme Court

#148

Post by pousada »

throwawaysleep wrote: post #107
uncletomscourt wrote: post #89

Earlier quoted context omitted.

You think at some point america would get sick of having a billionaire gang of thieves in charge. Trump just gave himself a $10 billion dollar slush fund from taxpayers. Who stopped him? No one. This amount of money will buy you one great den. Noem wants luxury jets from the taxpayer. So. Much. Winning.

Trump has a long record of stealing from Joe Average and had been doing it since between 2016. Joe Average thinks he’s clever for doing it.

Joe Average knows he is getting fucked over either way

Re: Trump's global tariffs struck down by US Supreme Court

#150

Post by HaloZero »

megaman821 wrote: post #46
dayyan wrote: post #13

This ruling impacts tariffs imposed by way of the International Emergency Economic Powers Act, which includes the reciprocal tariffs announced on April 2’s so-called “Liberation Day.” Bloomberg Intelligence estimates that roughly $170 billion in tariff revenues have been generated through February 20 via these policies. However, this ruling has no bearing on section 232 tariffs, which have been used to justify levies…

It looks like there are several ways to reinstate these tarrifs at the Executive level https://www.cato.org/blog/supreme-court-got-it-right-ieepa-d...

The important thing is that Trump can't do the tariffs beyond 15% on a whim anymore though. Like imposing tariffs on Canada because of an ad displayed in Toronto.
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