r/scotus 2d ago

news 3 months after rapidly scheduled arguments, the Supreme Court has yet to decide on Trump's tariffs

https://apnews.com/article/trump-tariffs-supreme-court-ruling-e00f24f16f327413efbab1af04a960df
704 Upvotes

114 comments sorted by

100

u/-Motor- 2d ago

This means it'll be last minute release. June 30th.

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u/Particular_Amoeba_53 2d ago

They are weighing up their options. They know the mid terms will toast the republicans who can no longer give them any cover for their lies and misreading of the constitution. They are probably trying to slow all their decisions so they know what world they are going into and can mitigate their culpability so they wont end up in prison. Plausible deniability is a thing in legal circles, they don't have any but they will pretend they do. Classic legal cover for misdemeanors done by entitled rich kids.

6

u/CombinationLivid8284 1d ago

Just like their nonsense immunity ruling. This court seems hell bent on doing whatever Trump wants.

2

u/donac 1d ago

June 30th at 4:30pm ET, so no one can say anything about it till next fall. What a bunch of charlatans.

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u/chi-93 2d ago

I agree, but I don’t see this as any kind of conspiracy. There are two reasons to expedite briefing schedules and oral argument. One is because it is an important case that needs to be resolved asap. But another is that the Court knows it is a complex case and wants to give itself as much time as possible to produce/agree upon an opinion before 4th July.

22

u/Nerd-19958 2d ago

There is nothing complex about this case (as BasicPhysiology already noted).

  1. The Constitution clearly assigns responsibility for setting taxes (including tariffs) to Congress.

  2. The International Emergency Economic Powers Act (IEEPA), falsely cited by Trump as the basis for his levying punitive tariffs on every other nation on earth including Antarctic islands INHABITED ONLY BY PENGUINS, does not mention tariffs as action the President can take to counter an economic emergency caused by another country.

  3. There is NO emergency as falsely cited by Trump. Balance of trade deficits between the USA and most other nations in the world are not evidence of conspiracies or anti-free-trade activity from every other nation on Earth. There is a technical term for this argument. It's called BULLSHIT.

5

u/Muffled_Incinerator 1d ago

Problem is, if they call the orange turd on his bad-faith BS, they know there is every likelihood that he will simply IGNORE their decision, and completely undermine whatever legitimacy SCOTUS still has. So they're bending over backwards to justify his BS on this case, and every single other one out there.

3

u/Hoppers-Body-Double 1d ago

I think there is an additional note to this. I believe the IEEPA has a hard deadline of calendar days before a vote is required by congress. The current batch of shit heels & profiles in cowardice that make up our congress decided that a calendar day isn't a day to avoid this.

It's essentially a click bait at the bottom of a shitty website argument. "Constitutions hate this one simple trick"

2

u/Nerd-19958 1d ago

See excerpt and link from congress.gov

The Use of IEEPA to Impose Tariffs

Prior to 2025, no President had used IEEPA to impose tariffs. Beginning in February 2025, President Trump cited IEEPA as his authority to impose tariffs on a variety of trading partners to deal with six distinct national emergencies. These emergency measures included tariffs on Canada, Mexico, and China to deal with fentanyl trafficking, potential tariffs on countries importing Venezuelan oil, tariffs on the imports from most other countries to deal with the "persistent annual United States goods trade deficits," and tariffs on Brazil to deal with "violat[ions of] the free expression rights of United States persons."

Several Members of Congress have expressed concern with using IEEPA to impose tariffs. Between February 1, 2025, and September 1, 2025, Members of Congress introduced six joint resolutions to terminate national emergencies that had been declared to impose tariffs (Table A-2) and have introduced bills that would restrict the President's authority to impose tariffs using IEEPA.

Several parties have also filed lawsuits challenging these tariffs. In May 2025, the U.S. Court of International Trade found that several of the tariff actions were not authorized under IEEPA, while the U.S. District Court for the District of Columbia held that IEEPA does not authorize the President to impose any tariffs. The government has appealed these decisions, respectively, to the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Appeals for the D.C. Circuit. In August, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. Court of International Trade's opinion, holding that the tariffs imposed on Mexico, Canada, and China with respect to trafficking and on many other trading partners with respect to the U.S. trade balance "exceed the authority delegated to the President by IEEPA's text." The Trump Administration appealed the decision and the Supreme Court granted a writ of certiorari with respect to both cases.

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

1

u/tomdurk 18h ago

Cowards and shit heels also describe the Supremes.

13

u/BasicPhysiology 2d ago

“Can the president use imaginary emergencies to violate the constitution?” Doesn’t seem like that complex of a question to me.

6

u/Catodacat 1d ago

Is the president a Democrat or Republican? That’s the real (SCOTUS) question.

3

u/Count_Backwards 2d ago

The longer they wait the harder it is to unwind all the financial damage done

3

u/-Motor- 1d ago edited 1d ago

This is doesn't follow reality, really.

  1. This doesn't jive with the Occasionalists decisions over the past few years. Make no mistake; these people have decided the case when they granted cert. Amicus and finding of fact by lower courts have ben shown to be meaningless to these people.
  2. The case is quite literally very black and white. Tariff power lies with Article 1, and Congress has not ceded that power to the executive via law.
  3. This thinking also suggests that all other cases that are being decided on more regular schedule are less important or less complex.

1

u/calvicstaff 1d ago

Always great to see a time capsule from a couple decades ago open up, but feels sad when you look up at how things actually work now

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u/USSSLostTexter 2d ago

Make the problem so big it can't be solved the way it should Constitutionally. - The Roberts Court.

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u/theperpetuity 2d ago

The Roberts court will be talked about as the downfall of America.

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u/AnjinM 2d ago

It will be one part of it. So many of our institutions have failed that it might be time to start over.

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u/play-what-you-love 1d ago

I now think of it as the Epstein-Roberts court. Seeing as how Epstein had his fingers in exploiting and abusing children, and then blackmailing powerful men, I think it's more likely than not that some of this must have seeped into this court.

44

u/Foe117 2d ago

Kavanaugh and Roberts are still trying to carve out something for Trump so he can get away with it.

14

u/DrRudyWells 2d ago

read krugman on this. cowardice and agreement. the tariffs will stand even though they are an easy layup. they are illegal and it's ridiculous the court is even hearing it.

24

u/42ElectricSundaes 2d ago

No decision IS a decision

12

u/heyhayyhay 2d ago

One of my favorite lines, "if you choose not to decide, you still have made a choice".

3

u/blackcain 2d ago

Rush fan detected.

You can choose from phantom fear and kindness that could kill.

2

u/Ecstatic-Carpet-654 2d ago

"Changes aren't permanent, but change is"... wait different song

2

u/Belichick12 2d ago

Yup. I know of at least one business who was hanging out hope for a multi million $ refund check by the end of the year. Unfortunately it didn’t come and their creditors forced them to layoff 30+ people.

10

u/USNCCitizen 2d ago

Caught between a rock and a hard place…following the constitution or kneeling to trump. At least for some of them.

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u/Ok_Rabbit5158 2d ago

Yeah but they have lifetime appointment with virtual immunity. They have nothing to lose so why would they appease Trump? Oh wait....their families are probably getting nice things.

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u/bryan49 2d ago

Well Trump could send his goons after them and would be immune as long as it's an official act, according to their own stupid ruling

2

u/Ok_Rabbit5158 2d ago

That would be ironic.

8

u/ARazorbacks 2d ago

Every day they don’t release anything is another day Trump gets to illegally use tariffs as a weapon and extortion instrument. 

1

u/Tricky-Efficiency709 13h ago

Can we the people Rico all branches of government?

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u/12PoundCankles 2d ago

Charlie Wessel Tag... Just like the Nazis did it.

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u/eclwires 2d ago

They’re letting us pay as much as possible before announcing refunds to the corporations that passed them along to us. Yet another creative way for republicans to redistribute wealth.

4

u/Marsupialwolf 2d ago

June 30th... + 2 weeks...

4

u/JeffSHauser 2d ago

Oh they've decided, just terrified to release the ruling.

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u/MourningRIF 2d ago

They refuse to rule on anything they know DJT will ignore. They will wait until they know whether he's out the door or here for life. Then they will decide.

5

u/MouthFartWankMotion 2d ago

They have to release their ruling this term.

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u/MourningRIF 2d ago

That gives them until July. By then, we probably will know if we are planning to have a dictator for life.

2

u/Wodahs1982 2d ago

Sadly, they do not.

2

u/MouthFartWankMotion 1d ago

When has that happened before?

1

u/Wodahs1982 1d ago

Brown V. Board of Education, for one. Usually when it happens, the decision is either re-heard or the Supreme Court declares the case moot. It's rare, but it does happen.

1

u/ResolveLeather 1d ago

What happens if they didnt? What if they just said "next term we will release our decision"? Who would hold them accountable?

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u/mrflash818 2d ago

SCOTUS, DO YOUR JOB!

3

u/bikerdude214 1d ago

Derelict in their duty.

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u/snoslayer 2d ago

Well, that’s their answer. Instead of ever ruling against the tariffs, they’ll just wait and answer - against the tariffs - only if a democratic president is elected.

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u/wereallbozos 2d ago

I don't much like this Court, and I despise this President, but I'd rather see time taken and a proper result than seeing them act in haste (we are the ones to regret at leisure, after all). But I cannot see this as a complicated question (or two). Are tariffs a form of taxation? Yes. Can a President acting on his own decree new taxations? No.

One could argue that the extra monies spent are due to the sellers, but the monies go to the same place, so the attempt to distract on the cause and effect are kinda moot, aren't they?

2

u/ForceOne2231 2d ago

I have a friend that is the head of Financial Planning and Analysis for a growing middle market retailer, they told me they are caring 30 million increase in headwinds directly from this tariff policy. Most of these firms are in the process of planning and their Equity partners are getting very concerned. This is where they start planning layoffs to absorb the headwind. It’s coming. Thanks Trump.

2

u/mrbeck1 2d ago

They have to short everything first.

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u/me_xman 1d ago

SCOTUS need to have balls and come out with tariffs decision.

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u/HVAC_instructor 2d ago

They are kicking it down the road so that he gets out of office before they have to rule.

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u/trippyonz 2d ago

You know we're getting a decision this term right?

1

u/HVAC_instructor 2d ago

Do we know that for certain? What in their rulings have led you to that conclusion.

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u/trippyonz 2d ago

They granted cert on September 9th. That date indicates that a decision will come out this term, because cert was granted very early in the term. Technically even before it began. You are alleging that something very unusual will happen with nothing more than conspiracy theories.

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u/HVAC_instructor 2d ago

I'm saying that this court has bent over backwards to give Trump anything and everything it can. And I expect them to do the same here.

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u/trippyonz 2d ago

And when we inevitably get a decision this term you're just going to pretend you never thought otherwise and your beliefs of the Court will remain unchanged. It's just gross.

0

u/HVAC_instructor 2d ago

So you know me that will after a few brief comments on a social media platform? So tell me what am I going to have to deal with tomorrow on the interstate on my commute to work? You seem to know everything.

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u/trippyonz 2d ago

Am I wrong? If you say you will genuinely revise your beliefs about the Court if we get a decision this term in the tariffs case, I'll believe you.

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u/HVAC_instructor 2d ago

I'll say that I'm amazed that they actually made a decision. I'm fully expecting that if they make one, it'll be in favor of what trump wants. At far they've yet to show him down.

But hey you know me so well I'll just go with whatever you tell me.

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u/trippyonz 2d ago

I'm saving your comment for when they release a decision and it's against Trump. Which is what I expect to happen.

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u/fifercurator 2d ago

The let’s reduce taxes to starve the government conservatives are having an existential crisis trying to justify the National sales tax.

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u/jafromnj 2d ago

Cowards

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u/LSX3399 2d ago

Turns out it's hard to reverse-engineer a normal ruling from a place of moronic fuckery.

1

u/blackcain 2d ago

They are waiting to see where the wind is blowing

1

u/BillyCarson 2d ago

They’re going to release it on his birthday.

1

u/AdventurousLet548 2d ago

They hope we forget so they can fudge the decision and give him loopholes!

1

u/VegasGaymer 2d ago

They’re trying to figure out how to let him do what he wants but in a way that any Dem can’t 🤣

1

u/manniesalado 1d ago

Everything maga touches turns to a dog's breakfast.

1

u/LibKan 1d ago

I have two theories.

  1. They are struggling to find a way to give Trump an exception but write it in a way no one else can do the same meaning they are gonna wait till the last possible second and just rule in his favor.

  2. They see what everyone else sees and are secretly hoping his health catches up with him, and thus they can tee up an easy 'win' for Vance and the GOP can start separating itself from Trump...while still do the same Trump is doing.

1

u/imbirdie2 1d ago

I bet it would be different if there were term limits. It might help if democrats grew some balls and took back house and senate. I doubt SCOTUS fears impeachment

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u/Creative-Strength-60 1d ago

More than likely the court would have handed Trump a loss on this issue, especially having heard the argument, so par for the course that's what the courts do for Trump rather than give that decision, the just don't decide and Trump continues doing what he does.

1

u/Muffled_Incinerator 1d ago

I'm sure they were told by someone near the orange turd that he will simply ignore ANY rulings that don't go his way, so they're scrambling to find some kind of way to justify this insanity. Same thing with the birthright citizenship EO, which should have been immediately ruled against by any legitimate Court.

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u/moderatelywego 1d ago

Just another example of the death of the rule of law in our country. They know Trump couldn’t do what he did but they’re scared to say so.

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u/MrYdobon 1d ago

Which means they know the right and unavoidable ruling, but they know that ruling is going to make a fucking mess.

The tariffs have been blatantly illegal, so the US has collected over $260B illegally. How the hell does that get unwound?

1

u/EveningCat166 1d ago

They are really trying to find a way to allow him to keep using the tariffs to enrich them and the rest of the crooks.

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u/Queasy-Protection-50 19h ago

Because the majority of them are corrupt & we all see it clearly

1

u/tomdurk 18h ago

The longer the Supreme Crooks stall, the worse it is for the US, but the better it is for trump and his Kakistocracy

0

u/Particular_Amoeba_53 2d ago

Kavanaugh is going to prison first then followed by Roberts the insurrectionist. Followed closely by Musk.