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| Justice(s) | Key Points and Quotes |
|---|---|
| Gorsuch (concurring in full) | Defended the major questions doctrine as a pro-Congress tool rooted in historical clear-statement rules (e.g., Entick v. Carrington). It prevents executive accretion and is not anti-administrative. No foreign affairs exception. Quote: "The doctrine is not novel... it mirrors historical canons." |
| Kagan (joined by Sotomayor and Jackson; concurring in judgment, joining Parts I, II-A-1, II-B) | No need for major questions; textualism suffices. "Regulate" = control by rule, not levy taxes (Gibbons v. Ogden). Congress uses specific terms for tariffs; IEEPA fits with "block/prohibit" for transactions, not revenue. No prior use (1977–2024). Legislative history supports control/freezing, not taxing. Quote: "Read text in context, scheme, common sense." |
| Jackson (concurring in judgment, joining Parts I, II-A-1, II-B) | Legislative history (e.g., S. Rep. No. 95–466) shows intent for "control/freeze property transactions," not tariffs. Verbs enable freezing, not taxing. Courts must effectuate Congress's will (United States v. American Trucking Assns., 310 U.S. 534). |
| Barrett (aligning with Gorsuch) | Doctrine uses context (structure, common sense) for natural meaning. Rejects as "clarity tax"; less obvious clues suffice if supported (Biden v. Nebraska). Not outcome-shaping. |
| Justice(s) | Key Points and Quotes |
|---|---|
| Kavanaugh (joined by Thomas and Alito) | "Regulate importation" includes tariffs as a traditional tool (dictionaries, precedents like Algonquin SNG, Inc. v. FERC, 426 U.S. 548). Historical use (Nixon's 1971 tariffs under TWEA; Ford's under §232). Major questions inapplicable in foreign affairs (United States v. Curtiss-Wright Export Corp., 299 U.S. 304). Presidents need flexibility; doctrine adds "thumb on scale" against executive. Practical impacts: refunds, trade uncertainty. Quote: "Interpret statute as written, not with thumb on scale." |
| Thomas (joining Kavanaugh) | Nondelegation doctrine forbids core legislative powers (e.g., rules on private conduct), but foreign commerce/tariffs are delegable privileges (Dept. of Transportation v. Assn. of American Railroads, 575 U.S. 43). Historical delegations (1790s acts). Tariffs external power (Locke, Blackstone). Quote: "Power to impose duties... does not implicate constitutional foundations." |
So the law doesn't allow these tariffs.GROK: Explain the Supreme Court ruling in detail
Was it challenged in court?What law allowed pResident Autopen to bring in FORTY MILLION UNVETTED ALIENS without identity, without application, without any sort of order or even registration?
WHY WAS THIS KOURT OF KANGAROOS NOT OPPOSED TO THAT.
Was ANYONE allowed STANDING to challenge it?Was it challenged in court?
www.freightwaves.com
I don't recall a LOT of things we needed to know.What I'm asking is, did anyone even try?
I don't recall hearing about any legal challenges filed in court about stopping Biden's border and immigration policies.
Of course you are.I'm wondering if any of us will see a check for the extra money the tariffs cost us to buy necessities?
Just kidding. We ain't gonna get squadouche.
Squadouche is familar....where did it come from....yes, I agree.I'm wondering if any of us will see a check for the extra money the tariffs cost us to buy necessities?
Just kidding. We ain't gonna get squadouche.