Justice Kavanaugh did not mince words in his blistering dissent in the Supreme Court’s tariffs ruling. @FDRLST 1/
2/ Kavanaugh disagrees w/the court’s ruling that Trump lacks the power to impose tariffs under IEEPA’s “regulate importation” language. Says all signs (history, precedent, etc.) point towards the opposite conclusion.
3/ Kavanaugh skewers the majority for their nonsensical argument that IEEPA empowers POTUS to “completely block some or all imports,” but not to employ “the lesser power of tariffs.”
4/ Addressing Roberts, Gorsuch, and Barrett’s reliance on major questions canon, Kavanaugh writes that “the statutory text, history, and precedent
constitute ‘clear congressional authorization’ for the President to impose tariffs under IEEPA.”
5/ Kavanaugh points out that there are other legal avenues the president may pursue to enact tariffs.
6/ Kavanaugh notes that the court’s decision and its impact on possible refunds to importers who paid IEEPA tariffs “is likely to be a ‘mess.’”
7/7 Kavanaugh’s dissent is definitely worth reading in its entirety. He makes a strong argument in explaining how the legal text, “longstanding historical practice, and relevant Supreme Court precedents” favor POTUS.
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