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#katyal — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #katyal, aggregated by home.social.

  1. We are approaching the 2½-hour mark in #SCOTUS’ tariff oral argument. So far, the justices have heard argument in defense of Trump’s #tariffs from Solicitor General D. John Sauer. They then heard the argument against the tariffs from Neal #Katyal, lawyer for small businesses who challenged the tariffs.

    Now, they are listening to the argument against the tariffs by Benjamin Gutman, the solicitor general of Oregon, who represents a group of states that challenged the tariffs.

    #law #Trump

  2. We are approaching the 2½-hour mark in #SCOTUS’ tariff oral argument. So far, the justices have heard argument in defense of Trump’s #tariffs from Solicitor General D. John Sauer. They then heard the argument against the tariffs from Neal #Katyal, lawyer for small businesses who challenged the tariffs.

    Now, they are listening to the argument against the tariffs by Benjamin Gutman, the solicitor general of Oregon, who represents a group of states that challenged the tariffs.

    #law #Trump

  3. One major issue hanging over oral arguments is the extent to which the #Trump admin must refund tariff revenue in the event that the justices find its policies to be illegal.

    Speaking on behalf of the challengers, #Katyal acknowledged it is a “difficult” question. But he generally seemed to suggest the court had many options at its disposal & could reconcile that later—including, for example, by limiting its decision “to prospective relief.”

    #SCOTUS #law #tariffs #AbuseOfPower #Trump #economy

  4. One major issue hanging over oral arguments is the extent to which the #Trump admin must refund tariff revenue in the event that the justices find its policies to be illegal.

    Speaking on behalf of the challengers, #Katyal acknowledged it is a “difficult” question. But he generally seemed to suggest the court had many options at its disposal & could reconcile that later—including, for example, by limiting its decision “to prospective relief.”

    #SCOTUS #law #tariffs #AbuseOfPower #Trump #economy

  5. #Katyal responded to #Kavanaugh that #Algonquin was one import. Not #tariffs broadly applied to numerous countries across the board.

    “Algonquin was expressly a trade statute,” Katyal said. “It’s everything this case isn’t.”

    He said the Algonquin decision had a reference to #duties in a specific provision & an extended, clear legislative history describing the powers given to a president.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  6. #Katyal responded to #Kavanaugh that #Algonquin was one import. Not #tariffs broadly applied to numerous countries across the board.

    “Algonquin was expressly a trade statute,” Katyal said. “It’s everything this case isn’t.”

    He said the Algonquin decision had a reference to #duties in a specific provision & an extended, clear legislative history describing the powers given to a president.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  7. #Katyal responded to #Kavanaugh that #Algonquin was one import. Not #tariffs broadly applied to numerous countries across the board.

    “Algonquin was expressly a trade statute,” Katyal said. “It’s everything this case isn’t.”

    He said the Algonquin decision had a reference to #duties in a specific provision & an extended, clear legislative history describing the powers given to a president.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  8. #Katyal responded to #Kavanaugh that #Algonquin was one import. Not #tariffs broadly applied to numerous countries across the board.

    “Algonquin was expressly a trade statute,” Katyal said. “It’s everything this case isn’t.”

    He said the Algonquin decision had a reference to #duties in a specific provision & an extended, clear legislative history describing the powers given to a president.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  9. #Katyal responded to #Kavanaugh that #Algonquin was one import. Not #tariffs broadly applied to numerous countries across the board.

    “Algonquin was expressly a trade statute,” Katyal said. “It’s everything this case isn’t.”

    He said the Algonquin decision had a reference to #duties in a specific provision & an extended, clear legislative history describing the powers given to a president.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  10. #Katyal argued that the president has other authority to impose #tariffs, without relying on a national emergency.

    For example, he cited Section 122 of the Trade Act of 1974, which allows the president to combat trade deficits by imposing tariffs of up to 15% for up to 150 days without congressional approval.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  11. #Katyal argued that the president has other authority to impose #tariffs, without relying on a national emergency.

    For example, he cited Section 122 of the Trade Act of 1974, which allows the president to combat trade deficits by imposing tariffs of up to 15% for up to 150 days without congressional approval.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  12. #Katyal said that the government has argued in this case that #refunds could be issued later if #tariffs are overturned.
    
The government opposed a preliminary injunction in this case by saying “oh, don’t worry, we’ll give the refunds later,” he said.
    
It’s unclear how much would be refunded or who would get money back if the tariffs are halted.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  13. #Katyal said that the government has argued in this case that #refunds could be issued later if #tariffs are overturned.
    
The government opposed a preliminary injunction in this case by saying “oh, don’t worry, we’ll give the refunds later,” he said.
    
It’s unclear how much would be refunded or who would get money back if the tariffs are halted.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  14. “I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the nondelegation argument?” #Alito asked of #Katyal, who served in the Obama admin.

    Katyal was quick to respond. “Heck yes, Justice Alito. I think Justice #Gorsuch nailed it on the head when saying that when you’re dealing with a statute that is this open-ended – unlike anything we’ve ever seen – to give the President this power.”

    #SCOTUS #law #tariffs #PartisanCourt #Trump #economy

  15. “I wonder if you ever thought that your legacy as a constitutional advocate would be the man who revived the nondelegation argument?” #Alito asked of #Katyal, who served in the Obama admin.

    Katyal was quick to respond. “Heck yes, Justice Alito. I think Justice #Gorsuch nailed it on the head when saying that when you’re dealing with a statute that is this open-ended – unlike anything we’ve ever seen – to give the President this power.”

    #SCOTUS #law #tariffs #PartisanCourt #Trump #economy

  16. Justice #Alito asked #Katyal about his argument that the #Trump admin’s #tariffs violate the “nondelegation doctrine,” a legal theory that prevents #Congress from delegating its legislative powers to other branches of government. The doctrine has been pushed in recent years primarily by #conservative legal groups.

    #SCOTUS #law

  17. Justice #Alito asked #Katyal about his argument that the #Trump admin’s #tariffs violate the “nondelegation doctrine,” a legal theory that prevents #Congress from delegating its legislative powers to other branches of government. The doctrine has been pushed in recent years primarily by #conservative legal groups.

    #SCOTUS #law

  18. #Katyal argues that “the president is seeking the power to set aside all of our trade treaties unilaterally under the word ‘regulate.’ I just don’t think it can bear that weight.”

    A NYT analysis today shows just how fundamentally #Trump has already altered the trading system from the one based on #US agreements at the #WTO & #trade agreements approved by #Congress.

    nytimes.com/interactive/2025/1

  19. #Katyal argues that “the president is seeking the power to set aside all of our trade treaties unilaterally under the word ‘regulate.’ I just don’t think it can bear that weight.”

    A NYT analysis today shows just how fundamentally #Trump has already altered the trading system from the one based on #US agreements at the #WTO & #trade agreements approved by #Congress.

    nytimes.com/interactive/2025/1

  20. #ClarenceThomas asked #Katyal if his argument wouldn’t also apply to #embargoes. Katyal said it did not, since #tariffs are ways of regulating revenue.
    
“Embargoes stop the shipment, tariffs start the tax bill. ...Tariffs are constitutionally special because our founders feared revenue raising, unlike embargoes,” Katyal said. “You know, there was no ‘Boston Embargo Party,’ but there was certainly a Boston Tea Party.”

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  21. #ClarenceThomas asked #Katyal if his argument wouldn’t also apply to #embargoes. Katyal said it did not, since #tariffs are ways of regulating revenue.
    
“Embargoes stop the shipment, tariffs start the tax bill. ...Tariffs are constitutionally special because our founders feared revenue raising, unlike embargoes,” Katyal said. “You know, there was no ‘Boston Embargo Party,’ but there was certainly a Boston Tea Party.”

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  22. Chief Justice #Roberts says the admin’s #tariffs program “implicates very directly the president’s foreign affairs power.”

    #Katyal pointed specifically to the example of #Switzerland, a #US #ally with whom we have a trade surplus — NOT a deficit, & #Trump’s imposed tariffs currently sit at 39%. “That is just not something any president has ever had the power to do in our history,” he said.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy

  23. Chief Justice #Roberts says the admin’s #tariffs program “implicates very directly the president’s foreign affairs power.”

    #Katyal pointed specifically to the example of #Switzerland, a #US #ally with whom we have a trade surplus — NOT a deficit, & #Trump’s imposed tariffs currently sit at 39%. “That is just not something any president has ever had the power to do in our history,” he said.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy

  24. #Katyal noted what appeared to be skepticism of the #tariffs from Justices Amy Coney #Barrett & Neil M. #Gorsuch, asserting that upholding Trump’s #tariffs would be “a one-way ratchet” of delegating power from #Congress to the presidency, adding “we will never get this power back if the government wins this case.”

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  25. #Katyal noted what appeared to be skepticism of the #tariffs from Justices Amy Coney #Barrett & Neil M. #Gorsuch, asserting that upholding Trump’s #tariffs would be “a one-way ratchet” of delegating power from #Congress to the presidency, adding “we will never get this power back if the government wins this case.”

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #Trump #economy

  26. #Katyal started off his presentation to the justices by arguing that their decision “comes down to common sense.” He argued that “it’s simply implausible” that when #Congress enacted #IEEPA, it “handed the president the power to overhaul the entire tariff system & the American #economy in the process, allowing him to set & reset tariffs on any & every product from any & every country, at any & all times.”

    #SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump

  27. #Katyal started off his presentation to the justices by arguing that their decision “comes down to common sense.” He argued that “it’s simply implausible” that when #Congress enacted #IEEPA, it “handed the president the power to overhaul the entire tariff system & the American #economy in the process, allowing him to set & reset tariffs on any & every product from any & every country, at any & all times.”

    #SCOTUS #law #tariffs #PartisanCourt #ActivistCourt #AbuseOfPower #Trump

  28. Sauer presented the government’s case for more than an hour. Now up is Neal K. #Katyal, the lawyer for the businesses who have challenged #Trump’s #tariffs. The court has given him 20 minutes to present his argument.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy

  29. Sauer presented the government’s case for more than an hour. Now up is Neal K. #Katyal, the lawyer for the businesses who have challenged #Trump’s #tariffs. The court has given him 20 minutes to present his argument.

    #SCOTUS #law #PartisanCourt #ActivistCourt #AbuseOfPower #economy

  30. #NealKatyal, the lawyer who is arguing against the #Trump admin, said earlier Thursday, "The president is saying he on his own with his say so can impose these tariffs."

    "And that is something no president in 200 years has ever thought. The tariff power goes all the way back to the Revolutionary War &… the protests in the Boston Tea Party & the like," #Katyal said on MSNBC's "Morning Joe."

    #law #Constitution #SeparationOfPowers #Congress #tariffs

  31. #NealKatyal, the lawyer who is arguing against the #Trump admin, said earlier Thursday, "The president is saying he on his own with his say so can impose these tariffs."

    "And that is something no president in 200 years has ever thought. The tariff power goes all the way back to the Revolutionary War &… the protests in the Boston Tea Party & the like," #Katyal said on MSNBC's "Morning Joe."

    #law #Constitution #SeparationOfPowers #Congress #tariffs

  32. Hell yeah

    #LawFirm #Milbank cuts Katyal’s $3,250 rate in defending #NJ cities against #Trump

    Prominent lawyer #NealKatyal of law firm Milbank will charge a sharply REDUCED hourly rate & not his standard $3,250 as he helps to defend 2 #NewJersey cities sued by Trump’s admin over their #immigration policies, acc/to a contract obtained by Reuters.

    Milbank's lawyers, including #Katyal, will each charge $300/hour—to be split evenly by #Newark & #Hoboken….

    #law
    reuters.com/legal/government/l

  33. Hell yeah

    #LawFirm #Milbank cuts Katyal’s $3,250 rate in defending #NJ cities against #Trump

    Prominent lawyer #NealKatyal of law firm Milbank will charge a sharply REDUCED hourly rate & not his standard $3,250 as he helps to defend 2 #NewJersey cities sued by Trump’s admin over their #immigration policies, acc/to a contract obtained by Reuters.

    Milbank's lawyers, including #Katyal, will each charge $300/hour—to be split evenly by #Newark & #Hoboken….

    #law
    reuters.com/legal/government/l

  34. Can tfg appeal Chutkan’s decisions on what official and nonofficial acts are in the COUP case? #Weisman #Katyal #Rosen #Rubin #McWade #Joyce #Coleman

  35. "#Katyal went right at the #conservatives with receipts — straight up calling his shot, announcing that he’d been “waiting for this case” so he could unload his can of originalism on Justice #ClarenceThomas — quoting back their own opinions from every time the shoe was on the other foot, prompting a series of blubbering exchanges from the frustrated justices. His exchange with #Gorsuch set the tone. "

    #SCOTUS #GOP #jurisprudence #ketanji

    abovethelaw.com/2022/12/justic

  36. "#Katyal went right at the #conservatives with receipts — straight up calling his shot, announcing that he’d been “waiting for this case” so he could unload his can of originalism on Justice #ClarenceThomas — quoting back their own opinions from every time the shoe was on the other foot, prompting a series of blubbering exchanges from the frustrated justices. His exchange with #Gorsuch set the tone. "

    #SCOTUS #GOP #jurisprudence #ketanji

    abovethelaw.com/2022/12/justic