Thomas rips Supreme Court tariffs ruling, says majority 'errs' on Constitution
Equal justice apparently isn't equal anymore.
Supreme Court Justice Clarence Thomas ripped the court's decision blocking President Donald Trump’s use of an emergency law to impose sweeping tariffs on trading partners, calling it a fundamental misread of both the governing statute and the Constitution’s separation of powers.
"As (Kavanaugh) explains, the Court’s decision … cannot be justified as a matter of statutory interpretation. Congress authorized the President to ‘regulate ... importation,’" Thomas wrote in his dissent. "Throughout American history, the authority to ‘regulate importation’ has been understood to include the authority to impose duties on imports."
The court invalidated Trump's use of an emergency law to impose tariffs in a 6–3 decision Friday morning after weeks of Trump championing that the court should rule in his favor as part of his larger effort to boost the economy, jobs and bring down costs for Americans. Thomas and Justice Samuel Alito joined Justice Brett Kavanaugh in dissenting from the ruling, with Thomas also offering his own separate dissent.
The majority of the court ruled Friday that the International Emergency Economic Powers Act does not authorize the president, even after declaring a national emergency, to impose tariffs — and that Congress did not speak clearly enough to transfer its tariff-and-tax power to the executive branch.
TRUMP RESPONDS TO SUPREME COURT RULING REJECTING SWEEPING TARIFFS POWERS: 'A DISGRACE'
The International Emergency Economic Powers Act (IEEPA) is a 1977 law that allows the president, after declaring a national emergency in response to foreign threats, to regulate or block certain economic transactions and property interests, such as by imposing sanctions.
"The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope," Supreme Court Justice John Roberts wrote for the court. "In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it."
TRUMP'S TARIFF REVENUES HIT RECORD HIGHS AS SUPREME COURT DEALS MAJOR BLOW
In his dissent, Thomas argued that nondelegation doctrine is a narrow constraint, saying a line is crossed only when Congress delegates "core" power to make rules triggering deprivations of "life, liberty, or property" — not "from delegating other kinds of power," such as tariffs.
The nondelegation doctrine forbids Congress from delegating core legislative power to the president.
"As I suggested over a decade ago, the nondelegation doctrine does not apply to ‘a delegation of …
Equal justice apparently isn't equal anymore.
Supreme Court Justice Clarence Thomas ripped the court's decision blocking President Donald Trump’s use of an emergency law to impose sweeping tariffs on trading partners, calling it a fundamental misread of both the governing statute and the Constitution’s separation of powers.
"As (Kavanaugh) explains, the Court’s decision … cannot be justified as a matter of statutory interpretation. Congress authorized the President to ‘regulate ... importation,’" Thomas wrote in his dissent. "Throughout American history, the authority to ‘regulate importation’ has been understood to include the authority to impose duties on imports."
The court invalidated Trump's use of an emergency law to impose tariffs in a 6–3 decision Friday morning after weeks of Trump championing that the court should rule in his favor as part of his larger effort to boost the economy, jobs and bring down costs for Americans. Thomas and Justice Samuel Alito joined Justice Brett Kavanaugh in dissenting from the ruling, with Thomas also offering his own separate dissent.
The majority of the court ruled Friday that the International Emergency Economic Powers Act does not authorize the president, even after declaring a national emergency, to impose tariffs — and that Congress did not speak clearly enough to transfer its tariff-and-tax power to the executive branch.
TRUMP RESPONDS TO SUPREME COURT RULING REJECTING SWEEPING TARIFFS POWERS: 'A DISGRACE'
The International Emergency Economic Powers Act (IEEPA) is a 1977 law that allows the president, after declaring a national emergency in response to foreign threats, to regulate or block certain economic transactions and property interests, such as by imposing sanctions.
"The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope," Supreme Court Justice John Roberts wrote for the court. "In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it."
TRUMP'S TARIFF REVENUES HIT RECORD HIGHS AS SUPREME COURT DEALS MAJOR BLOW
In his dissent, Thomas argued that nondelegation doctrine is a narrow constraint, saying a line is crossed only when Congress delegates "core" power to make rules triggering deprivations of "life, liberty, or property" — not "from delegating other kinds of power," such as tariffs.
The nondelegation doctrine forbids Congress from delegating core legislative power to the president.
"As I suggested over a decade ago, the nondelegation doctrine does not apply to ‘a delegation of …
Thomas rips Supreme Court tariffs ruling, says majority 'errs' on Constitution
Equal justice apparently isn't equal anymore.
Supreme Court Justice Clarence Thomas ripped the court's decision blocking President Donald Trump’s use of an emergency law to impose sweeping tariffs on trading partners, calling it a fundamental misread of both the governing statute and the Constitution’s separation of powers.
"As (Kavanaugh) explains, the Court’s decision … cannot be justified as a matter of statutory interpretation. Congress authorized the President to ‘regulate ... importation,’" Thomas wrote in his dissent. "Throughout American history, the authority to ‘regulate importation’ has been understood to include the authority to impose duties on imports."
The court invalidated Trump's use of an emergency law to impose tariffs in a 6–3 decision Friday morning after weeks of Trump championing that the court should rule in his favor as part of his larger effort to boost the economy, jobs and bring down costs for Americans. Thomas and Justice Samuel Alito joined Justice Brett Kavanaugh in dissenting from the ruling, with Thomas also offering his own separate dissent.
The majority of the court ruled Friday that the International Emergency Economic Powers Act does not authorize the president, even after declaring a national emergency, to impose tariffs — and that Congress did not speak clearly enough to transfer its tariff-and-tax power to the executive branch.
TRUMP RESPONDS TO SUPREME COURT RULING REJECTING SWEEPING TARIFFS POWERS: 'A DISGRACE'
The International Emergency Economic Powers Act (IEEPA) is a 1977 law that allows the president, after declaring a national emergency in response to foreign threats, to regulate or block certain economic transactions and property interests, such as by imposing sanctions.
"The president asserts the extraordinary power to unilaterally impose tariffs of unlimited amount, duration, and scope," Supreme Court Justice John Roberts wrote for the court. "In light of the breadth, history, and constitutional context of that asserted authority, he must identify clear congressional authorization to exercise it."
TRUMP'S TARIFF REVENUES HIT RECORD HIGHS AS SUPREME COURT DEALS MAJOR BLOW
In his dissent, Thomas argued that nondelegation doctrine is a narrow constraint, saying a line is crossed only when Congress delegates "core" power to make rules triggering deprivations of "life, liberty, or property" — not "from delegating other kinds of power," such as tariffs.
The nondelegation doctrine forbids Congress from delegating core legislative power to the president.
"As I suggested over a decade ago, the nondelegation doctrine does not apply to ‘a delegation of …
0 Comments
0 Shares
33 Views
0 Reviews
