Michael REACTS: Supreme Court Strikes Down Trump's Tariffs
Episode Stats
Words per Minute
161.10864
Summary
Trump's tariffs are struck down by the Supreme Court in one of the biggest rulings of the entire Trump administration. It's a blow to the credibility of the administration and the economy, and a huge blow to Trump's economic agenda.
Transcript
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Get 20% off almost all regular-priced merchandise.
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Tuesday, February 24th, and Wednesday, February 25th.
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everything takes on a creamy, delicious, chocolatey glow.
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So I'm in an airport, but leave it to the Supreme Court
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by issuing one of the biggest rulings of the entire Trump administration
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The Supreme Court struck down President Trump's tariffs.
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The tariffs are one of, if not the central part,
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You had the squishy conservatives plus all the liberals
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especially Alito and Thomas, joined by Kavanaugh,
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The majority opinion, John Roberts, Chief Justice,
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argues that Congress did not clearly delegate the power
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to implement these tariffs to the executive branch
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which is the International Emergency Economic Powers Act.
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He says, because Congress did not clearly delegate this power to the president,
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Now, the conservatives in the majority relied on the major questions doctrine.
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The major questions doctrine was first really articulated in the 1980s,
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but it doesn't really pick up steam until 2000.
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It's not really articulated seriously in scholarship until 2008,
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and then it gave its winespring currency in 2013.
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that on major questions of economic and political importance,
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the Congress has to really clearly delegate these certain powers.
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Okay, the liberals who joined the squishy conservatives in the opinion,
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but we don't agree on the major questions doctrine,
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which is Clarence Thomas and Alito and Kavanaugh.
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And Clarence Thomas just gives a master class in his dissent.
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I haven't gone through the whole opinion, obviously, yet,
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Clarence Thomas cites precedent going back to 1790
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that Trump did, in fact, have the right to implement these tariffs.
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which are based on similar reasoning to the tariffs that Trump implemented.
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So he gives this really beautiful historical precedent,
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and obviously I want to dig a little bit more into the text.
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Now, practically, it doesn't mean that all of his tariffs are struck down,
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and it doesn't mean that he can't even maintain the tariffs that he currently has,
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albeit using different laws and different reasoning.
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and it's a huge blow to the credibility of the United States.
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We've been negotiating all sorts of trade deals predicated on these tariffs,
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were being used as negotiating leverage by Trump.
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The Supreme Court just totally blows that up for what is, in my opinion,
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Now, the squishy Republicans in general, not on the court, just in public,
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are going to love this because the squishy Republicans hate the tariffs
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because the squishy Republicans basically just want to go back to 1990s Democrat liberalism.
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And they think that's the high point of human civilization.
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And so they're actually probably going to be cheering it,
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and some of them are going to argue that actually the Supreme Court just helped Trump
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because by striking down his tariffs, they gave him better economic policies,
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and that's going to work out better for Trump in the end.
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I'm a little skeptical of that because I think tariffs can have really strong economic power.
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And I think Trump's proven that because he's beaten all of the expectations over the past year.
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It's a little over a year now of his administration
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where all the experts said that the tariffs were going to destroy the economy.
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So the Trump agenda on economics is not totally destroyed,
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And for those who are not lawyers, I'm not a lawyer.
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I haven't even finished reading the whole opinion yet
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But a good rule of thumb is when Justice Sam Alito and Justice Clarence Thomas
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agree on a matter of law and the judiciary, they're probably right.
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And then if you read their dissents in this case, you will be persuaded of that.
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And the libs are always wrong and the squishy people in the middle are often wrong.
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So an unfortunate decision to come from the Supreme Court creates a diplomatic nightmare
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for the Trump administration, might cause a lot of economic chaos.
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It's legally not quite sound if you read the majority opinion versus the dissents.
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And maybe if there's any silver lining in the storm cloud,
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maybe a little more reason for the Republicans to be concerned about November
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because the wins that we've secured over the last year are anything but stable.
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More on Monday, but for now, coming live from an airport.
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That's my take on the biggest Supreme Court decision in a very long time.
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