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