TRIBE: “All nine justices agreed that the Constitution gives only Congress the power to tax and impose tariffs. The only question is whether the international emergency economic powers act was an act by which Congress delegated that power to the president. The court read the act. It was a simple case, actually very simple. And it said, no, the act does not give the president any tariff imposing power. End of case. That’s why most people, me included, had no trouble predicting this would be a decision against the president. It was also not so strange that the case reached the court, because neil and his client, Mr. Waldenberg, sued in a federal district court. That case ended up being dismissed by the us Supreme Court, saying the district court didn’t have jurisdiction. It was the court of international trade that had jurisdiction. That court read the law simply and said, the president doesn’t have the power under the international emergency economic powers act. At that point, the us Supreme Court had no choice but to take the case, because whenever the act of Congress is held not to cover something and the president loses something, that’s central to him, the court always takes the case. Once it took the case, it was slam dunk. Now, neil argued the case brilliantly. It was a wonderful argument, but there was no doubt how it would come out and what is left over now that the Supreme Court has said 6 to 3, you don’t have the power under this statute, is that he’s invoking power under section 122 of 1974 trade act. It is not true that the president automatically has that power. That was the suggestion by Justice Kavanaugh in dissent. The chief justice in footnote four of his opinion said, not so fast. Whether that applies depends on whether certain findings are made, and it only lasts for a certain amount of time, and it can’t go above 15%. there are matters still to be litigated. And when the president says, I don’t have to deal with Congress, he obviously hasn’t read the law, which says, you well better deal with Congress because your power here will expire after 150 days.”

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