Thoughts On The Delayed SCOTUS Ruling On Trump’s Tariffs – OpEd |
Since everyone seems to be weighing in on why the Supreme Court is waiting so long to issue its ruling on the legality of Donald Trump’s tariffs I might as well throw in my decidedly non-expert opinion. FWIW, the near unanimous consensus among court watchers seems to be that the Court will rule against Trump, with most of the Republican justices likely going against him.
I suppose there is a question about negotiations among the justices on wording to pull together the largest possible majority. But there is another obvious issue, which I at least have not seen addressed.
It is a virtual certainty that immediately after the Court issues a ruling striking down these tariffs, Trump will rush back with new tariffs based on different legislative grants of authority. Undoubtedly these tariffs will also be the subject of lawsuits.
SCOTUS would presumably want to give guidance to lower courts on how they should rule on these suits. There are two issues that lower courts will have to wrestle with in these new cases. First, trying to make the correct final determination as to whether the tariff is........