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#katyal — Public Fediverse posts

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  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. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. #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

  12. #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

  13. #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

  14. #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

  15. #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

  16. #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

  17. #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

  18. #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

  19. #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

  20. #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

  21. #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

  22. #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

  23. #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

  24. #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

  25. #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

  26. “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

  27. “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

  28. “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

  29. “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

  30. “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

  31. 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

  32. 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

  33. 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

  34. 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

  35. 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

  36. #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

  37. #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

  38. #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

  39. #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

  40. #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

  41. #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

  42. #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

  43. #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

  44. #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

  45. #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

  46. 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

  47. 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

  48. 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

  49. 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

  50. 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

  51. #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

  52. #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

  53. #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

  54. #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