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Tariff Uncertainty Reigns Amid Supreme Court Skepticism
Bloomberg
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2 days ago
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00:00
The U.S. Supreme Court is signaling skepticism of President Trump's global tariffs,
00:05
with key justices suggesting he had overstepped his authority.
00:09
The vehicle is imposition of taxes on Americans, and that has always been the core power of Congress.
00:17
So to have the president's foreign affairs power trump that basic power for Congress
00:24
seems to me to kind of at least neutralize between the two powers, the executive power and the legislative power.
00:36
Bloomberg Managing Editor Jill Deas joins us now from Hong Kong.
00:40
Jill, so just walk us through what actually went down with the Supreme Court yesterday
00:46
and what they're saying about the legality of these tariffs.
00:49
I think, you know, first of all, any legal scholar would probably caution you that obviously this isn't a decision.
00:57
You know, sometimes justices do ask very specific questions in an attempt to kind of get to the heart of the arguments here.
01:03
But what we did hear from the Supreme Court justices was essentially that, you know,
01:09
kind of indicating that maybe they're bringing, they're injecting some skepticism into the legality of these specific tariffs.
01:16
Obviously, you just heard those remarks from Chief Justice John Roberts there.
01:21
We heard some fairly maybe predictably probing questions coming from the more liberal justices in the court.
01:27
But I think, you know, more what traitors are likely paying attention to is the fact that we also got some pretty prickly questions
01:34
from Amy Coney Barrett, one of the more conservative justices, as well as Justice Neil Gorsuch.
01:39
So, you know, all of that is telling us that, you know, there's at least that challenge coming from within the Supreme Court
01:45
to try to push, you know, the Trump administration here to sort of justify its tariffs, defend its tariffs,
01:52
as it tries to, you know, work this case through the courts.
01:55
It may still be, you know, maybe before the end of the year we will get a ruling in this particular case,
02:00
maybe a bit longer.
02:01
But it does indicate that there's some questions here about whether or not these specific tariffs
02:06
are actually going to be upheld in a court of law.
02:11
And, Jill, you know, that is going to be the big question.
02:14
But it's not applicable to, I guess, all tariffs.
02:18
Are there any other tools that the Trump administration can try to use to ensure that at least some of the tariffs stay in place?
02:26
Yes, that's right, Jumana.
02:27
So this is a case that's specifically referencing a lot of those reciprocal tariffs.
02:32
There was Liberation Day tariffs that Trump was implementing country by country.
02:37
What we're seeing in terms of some other tariffs, such as the ones that were going through Section 232,
02:42
which you're seeing on your screen right now, those ideas of, you know, those more industry-specific tariffs,
02:48
many of which we've already seen, actually.
02:49
I mean, if you're looking at things on auto parts, aluminum, that kind of stuff that the Trump administration
02:53
has already implemented this year, those are other ways that he could pursue some of his tariff regime,
02:59
even if some of those reciprocal tariffs were to be struck down.
03:02
Of course, when you're looking at some of these options that he has for going through other regulatory requirements
03:07
to try to get tariffs in place, were these tariffs to be struck down,
03:11
it's obviously worth mentioning that a lot of that does come at a bit of a price here.
03:15
There's a lot more regulatory hurdles that he would have to jump through, various probes and investigations,
03:20
and may actually have to get, you know, support from other branches of government
03:23
in order to implement those tariffs.
03:24
So it's not as, you know, sort of immediately effective as what he's implemented through executive order and such.
03:30
So, you know, maybe he does ultimately get to a place where, you know,
03:34
he would actually be able to implement a lot of the tariffs that he wants to,
03:37
but it would be, you know, a much trickier sort of regulatory hurdle to overcome.
03:42
So that is one avenue, or rather multiple avenues that the president ultimately has.
03:47
Were these tariffs to be struck down?
03:48
But I guess, first of all, we'll have to see whether or not that actually happens in front of the Supreme Court,
03:52
and then where the Trump administration goes from there.
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