As the new year rolled in, many scholars and observers of the Supreme Court expected a quick opinion on the Trump tariff case. The courts below have held that the president does NOT have the authority he is claiming here. The oral arguments did not seem to advance the administration's cause.
So: if there is to be a decision striking down the tariffs, AND that decision would have complicated consequences in terms of working out the rebates, THEN it stands to reason SCOTUS will want to get the deed done quickly, lessening the complication. The constant payment of these tariffs constitutes a tick-tick-tick that a court contemplating such a decision may want to shorten.
Yet as of this writing -- no tariff decision. January's opinion days have come and gone, with no opinion on this subject.
Some are whispering that perhaps the outcome is not so clear-cut -- perhaps a court so much molded by President Trump will find a way to accommodate him.
I disagree. To the extent at least that "way to accommodate" is taken to mean anything other than "find a way not to order rebates." If the court is working on doing THAT, and limiting itself to a clear declaration of the invalidity of the tariffs from this day forward, then the urgency of a quick decision fades.
The dog isn't barking in the night because the dog has no good reason to do so.
The Court won’t order rebates because of the rule that Trump shall never face consequences for any violation of law or the Constitution that he commits, and his victims shall never be compensated.
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