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Re: Well, this is a bummer (not)... 

By: De_Composed in GRITZ | Recommend this post (1)
Sat, 30 Aug 25 5:28 AM | 18 view(s)
Boardmark this board | Grits Breakfast of Champeens! 		Msg. 12171 of 12173
(This msg. is a reply to 12170 by De_Composed)
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Why would the SCOTUS make the correct decision when the lower court did not? I'll get to that in a minute. But first, consider the grounds on which the U.S. Court of Appeals for the Federal Circuit voted against the tariffs:


The U.S. Court of Appeals for the Federal Circuit held in a 7-4 ruling that the law Trump invoked when he granted his most expansive tariffs — including his “reciprocal” tariffs — does not actually grant him the power to impose those levies.http://www.cnbc.com/2025/08/29/trump-trade-tariffs-appeals-court-ieepa.html

Are they right? It's easy enough to find out. According to the IEEPA - the law that's in question - "the President may"...


(B) investigate, block during the pendency of an investigation, 7 regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect
to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of
the United States; http://www.govinfo.gov/content/pkg/COMPS-1079/pdf/COMPS-1079.pdf

And there it is. Do you see that word "regulate"??? LOL... This is just too easy. Hey, Copilot! Is a tariff a form of regulation on international trade?


Yes—but with nuance.

A tariff is primarily a tax or duty imposed on imported (or sometimes exported) goods, but it also functions as a form of regulation in international trade. Here's how:

📦 Dual Nature of Tariffs
- Fiscal Tool: Tariffs generate revenue for governments. This was their original purpose, especially before income taxes became widespread.
- Regulatory Instrument: Tariffs influence trade flows by making foreign goods more expensive, thereby protecting domestic industries or steering economic behavior.

⚖️ Legal Perspective
From a legal standpoint, tariffs are considered part of a country’s regulatory framework for international trade. They are:

- State-imposed obligations, not voluntary measures
- Enforced through customs authorities
- Used to achieve public policy goals, such as:
- Protecting domestic jobs and industries
- Retaliating against unfair trade practices
- Correcting trade imbalances
- Advancing national security or environmental objectives

So yes, tariffs are a form of regulation—but they are distinct from non-tax regulatory measures like quotas, licensing requirements, or safety standards. They sit at the intersection of taxation and trade policy, making them a powerful and sometimes controversial tool.

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The above is a reply to the following message:
Well, this is a bummer (not)...
By: De_Composed in GRITZ
Sat, 30 Aug 25 4:57 AM 		Msg. 12170 of 12173

Re: “Most Trump tariffs ruled illegal in huge blow to White House trade policy​”
- oldCADuser #msg-1269506  

I wouldn't get too excited if I were you. Nine of the court's 11 judges were appointed by Democrats, to the Republicans' two. Both Republican judges voted to support the President's tariffs AND TWO OF THE LEFTIST JUDGES AGREED. If there was any surprise to be had, that was it.

If the Supremes agree to hear the case, you'll go back to being bummed.

Again.

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