Here's a lawsuit I hope we'll see more like--fr Liberty Justice Center & Ilya Somin on behalf of 5 small businesses reliant on imports: wine importer, plastic pipe co, an electronic kit co, a fishing tackle co, & a woman's cycling apparel co. storage.courtlistener.com/recap/gov.us... - ThreadSky

emptywheel.bsky.social • 2 days ago

Here's a lawsuit I hope we'll see more like--fr Liberty Justice Center & Ilya Somin on behalf of 5 small businesses reliant on imports: wine importer, plastic pipe co, an electronic kit co, a fishing tackle co, & a woman's cycling apparel co.

https://storage.courtlistener.com/recap/gov.uscourts.cit.17080/gov.uscourts.cit.17080.2.0.pdf

Comments

lexnonquaeritquem.bsky.social•2 days ago

Are you seriously promoting the Liberty Justice Center? Are you also down with their anti-DEI work?

phillyfrog.bsky.social•2 days ago

My "Major Questions" t-shirt has people asking Major Questions already answered by my Major Questions t-shirt.

adambonin.bsky.social•2 days ago

Ilya is Fairest College '95; we were briefly debate partners.

emptywheel.bsky.social•2 days ago

How did I miss that?

I could thank him at reunion even if there weren't an ominous international border between me and reunion.

jenniferhhj.bsky.social•2 days ago

Terry Cycling ROCKS! They are even more badass than I thought.

buntyann.bsky.social•2 days ago

I will buy my cycling kit from no one else!

robairone.bsky.social•2 days ago

ronangerer.bsky.social•2 days ago

To the extent it is based on MQD, sure I guess since that ship has sailed. But to the extent this is an effort to get liberal support for a stronger non delegation doctrine, it’s a Trojan horse.

aliensinnoh.bsky.social•2 days ago

No country is going to trust us in any agreement ever again unless we strip the power to trash those agreements away from the President. This era has shown us that the President has far too much power.

grolaw-me.bsky.social•2 days ago

Excellent pleading. Non-lawyers should take heart!
#NoTaxation
#WithoutRepresentation
#DumpTrump

hornetgx.bsky.social•2 days ago

Hope I'm wrong and I defer to you on plausibility, but my fear is POTUS and team will argue that the US is in an economic war with rest of the world, and furthermore that the rest of the world are the aggressors so he didn't manufacture it.

My fear there is that Republican judges could swallow it.

eightxeroxedbutts.bsky.social•2 days ago

That would rival the Caine Mutiny strawberries.

gchance60.bsky.social•2 days ago

Interesting that it brings up the major questions doctrine which is a new SC incarnation.

craigwiesner.bsky.social•2 days ago

I just wrote to the lawyer in charge and offered, if appropriate, to have our small business join the class.

rox1smf.bsky.social•2 days ago

I think I'll do the same.

4wildmonkeys.bsky.social•2 days ago

I'll need to contact him as well. If these tariffs hold, we'll be out of business.

craigwiesner.bsky.social•2 days ago

The bing bong back and forth, they're on, they're off, is driving me nuts. Do I borrow money to buy stuff now and pay high interest rates? Do I wait a few months and risk no supply or much higher prices? Crazy.

rutherfordbhave.bsky.social•2 days ago

I love the use of the major questions doctrine, it’s like the court thought it had come up with something inert for its purposes, like only democratic administrations would only ever truly try to unambiguously Go Big.

emptywheel.bsky.social•2 days ago

FWIW, I'm not the first to post this. Probably it was @joshgerstein.bsky.social or @kyledcheney.bsky.social but who knows. It was a whole day ago.

bellarusque.bsky.social•2 days ago

"It was a whole day ago"

😆 🤣 right?!

emptywheel.bsky.social•2 days ago

Here's another IEPPA tariffs one from a day planner company in FL, which Trump is trying to move to the Court of International Trade, where the LJC one is (which is, btw, in CourtListener).

https://storage.courtlistener.com/recap/gov.uscourts.flnd.530604/gov.uscourts.flnd.530604.1.0_1.pdf

joeblowtreehugger.bsky.social•2 days ago

Businesses will need to borrow to pay these tariffs as well and that is not going to help interest rates. Meanwhile Fox Business is spinning the Big Beautiful Bill as a middle class boon and getting advice from Theo Vonn.

BenRossTransit.mastodon.social.ap.brid.gy•2 days ago

@emptywheel.bsky.social The lawyers are from the New Civil Liberties Alliance, a right-wing group funded by Koch that has ties to Leonard Leo. As significant politically as legally, if not more so […]

emptywheel.bsky.social•2 days ago

Thanks. I agree.

news4dto.bsky.social•2 days ago

Yes.
Lots of unforeseen circumstances. Not that anyone looked or cared much.
These stories will resonate and local news outlets love to report them.

grunteledboomer.bsky.social•2 days ago

Nothing ALLOWS him to do it, except he IS DOING IT. Same with DOGE, STILL doing TOTALLY UNCONSTITUTIONAL AND ILLEGAL SHIT, and no one is actually STOPPING them, OR even SLOWING them.

thereitgoes.bsky.social•2 days ago

I'd like to know more about this. I've read some CRS reports on the issue. IANAL but these reports don't fill me with much hope.

Nixon imposed a 10% tariff before the IEEPA using Section 5(b)(1)(B) of TWEA. The United States Court of Customs and Patent Appeals
https://www.congress.gov/crs-product/IN11129

thereitgoes.bsky.social•2 days ago

sided with Nixon. Congress kept the language of Section 5(b)(1)(B) of TWEA in the IEEPA when it passed reforms in 1977.

On top of that Congress gave the president the power to impose temporary tariffs based on trade deficits in Section 122 of the Trade Act of 1974.
https://uscode.house.gov/view.xhtml?req=(title:19%20section:2132%20edition:prelim)

eightxeroxedbutts.bsky.social•2 days ago

That sounds like it's more about US cashflow problems

thereitgoes.bsky.social•2 days ago

It does and look I'm no expert here. If anyone can clarify the meaning and I'm way off base I'd certainly be very thankful. I'm not a lawyer, a legislator, nor an economist. This stuff is hard to sort out.

Generally speaking, it seems to me that Congress ceded the Executive Branch a lot of power.

thereitgoes.bsky.social•2 days ago

And, assuming I'm not totally wrong about the meaning of the language, part of me also wonders how Trump's rationale plays out in court because Congress explicitly limited this authority wrt balance of payment deficits so as to not exceed 150 days.

Trump cites the IEEPA though. Not this.

thereitgoes.bsky.social•2 days ago

But the snag comes I think with "he who decides on the exception" to quote an asshole. Authoritarians hack away the rule of law at its limits.

Maybe Congress will step up or maybe SCOTUS will want to be the one who decides on the state of an emergency, who knows?

thereitgoes.bsky.social•2 days ago

This specific CRS reports states that Congress can enact a joint resolution and declare that these trade deficits do not amount to an emergency but a joint resolution can be vetoed by Trump. It would require a veto proof majority.

I would like to know if such a joint resolution, if it passed both

thereitgoes.bsky.social•2 days ago

the House and Senate but was vetoed by Trump, if that would help or hurt the issue in court.

CRS Report

Congressional and Presidential Authority to Impose Import Tariffs

https://www.congress.gov/crs-product/R48435

thereitgoes.bsky.social•2 days ago

Another CRS report

The International Emergency Economic Powers Act: Origins, Evolution, and Use

https://www.congress.gov/crs-product/R45618

emptywheel.bsky.social•2 days ago

Thanks for the links.

martyq01.bsky.social•2 days ago

Tariffs "calculated via any methodology—or mere caprice"
Like that fake formula they made up.

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