Laurence Tribe: Messy Refunds From Trump’s Tariffs Are His Fault, Not the Court’s
RUSH EXCERPT:
TRIBE: “Well, it’s very strange, especially for justice. Who says we look at the law and apply it? Of course, it’s reasonable for justices to be pragmatic when they’re interpreting an ambiguous statute to think about the consequences. But here there is no ambiguity. The president didn’t have the power. And the fact that it’s going to be a mess to unscramble these eggs is the president’s fault, not that of the court. And in no way did Justice Kavanaugh explain the relevance of these observations. The fact is that the people who were most hurt were the consumers, and they are very unlikely to get a refund. Then the small businesses like like the one whose CEO you talked to today, maybe they’ll get a partial refund, but if they end up being out some money, it’s because the president it wasn’t just that he checked the wrong box. He used the statute that didn’t apply the Kavanaugh suggestion that if he had checked a different box, the same thing could have happened. That’s true. All of these retaliatory taxes, these 100%, 30%, the taxes under the law. He’s now invoking the 1974 act. There’s a 15% ceiling. He couldn’t have much of what he has done in this case, basically randomly using his delegated authority outside the boundaries that Congress itself set, because it didn’t give him the power to impose tariffs, though he could do all kinds of”




