To tariff or not to tariff? That is the question.

I celebrated the U.S. Supreme Court’s decision on Friday in the Learning Resources, Inc v. Trump case! FINALLY! Finally, the U.S. Supreme Court ruled to rein in Donald Trump’s overreach of presidential powers!

In a 6-3 decision, the U.S. Supreme Court ruled that the tariffs Trump has inflicted on other nations (and, ultimately, the American consumer!) over the last 13 months under the International Emergency Economic Powers Act (IEEPA) were illegal. The Court ruled that the IEEPA cannot be used to impose tariffs.

The Court reminded Trump that tariffs are a form of taxation, and taxation is a power of the U.S. Congress – not the U.S. President.

Trump did not take the Court’s decision well, to put it lightly.

Photo by Igor Omilaev on Unsplash

Trump responded by making one of his typically rambling, long statements, calling the U.S. Supreme Court Justices derogatory names including, “fools and lapdogs for RINOs” (Republicans in Name Only). He accused them of being anti-American and under the influence of foreigners. He said they should be ashamed of themselves and their families should be ashamed of them. It went on and on from there. I cannot quote his entire rant here.

Following his statement, he held a press conference in which he refused to answer a question from CNN (calling the news network “fake news” because he is offended by the truth) and answered the questions posed by other reporters and journalists as vaguely as he chose.

The event was a display by Trump unlike any other statement and press conference by any other U.S. President in history. He was a toddler whose parents had said, “No,” but whose parents had then left him to his own devices and allowed him to vent his anger and frustration on the world stage. There are no guardrails on his words and temper.

His remarks would have been embarrassing; however, after 13 months, I will not be embarrassed by anything Trump says or does. I did not vote for him. I have not been shy about expressing my opinions about Trump and his childish incompetence, hatefulness, racism, and disregard for the U.S. Constitution.

I watched his entire public statement and press conference on Friday afternoon. In a word, it was horrible. In other words, it was painfully indicative of how Trump believes he is above the law and can do anything he wants to do. He said, “I can do anything I want to do.” It wasn’t the first time he has said that.

In addition to lashing out at individual U.S. Supreme Court Justices who had been appointed to the Court by Trump himself and from whom he expects loyalty to him instead of loyalty to the U.S. Constitution, he then twisted the ruling into a pretzel by quoting at length the dissenting opinion of Justice Brett Kavanaugh.

Although a dissenting opinion in a U.S. Supreme Court decision is not law – it is part of the minority opinion, — Trump clung to Kavanaugh’s words and later said that Kavanaugh is his “new hero.” (I can’t help but think back to Kavanaugh’s Senate confirmation hearings in 2018 after Trump nominated him. All I can remember from the hearings is Kavanaugh’s repeated, angry defense, “I like beer!” Not exactly “hero” material in my book.)

In the press conference, Trump said nothing will change. He will continue to impose any tariffs he desires. He announced a new 10% global tariff on top of all the existing tariffs. On Saturday, he announced the new global tariff will 15% instead of 10%.

There’s no telling what that global tariff will be by the time this blog post goes live on Monday, February 23. (I am writing it on February 21.) This new global tariff is imposed using Section 122 of the Trade Act of 1974. That Act allows the U.S. President to impose duties up to 15% for 150 days to deal with “large and serious” balance-of-payment issues. Friday and Saturday’s 15% global tariff takes effect today.

Trump indicated that he is exploring additional ways to get around the Learning Resources, Inc. v. Trump ruling. His Commerce Department, headed by Howard Lutnick of Epstein file fame, is investigating Trump’s options.

Trump’s tariffs on steel, aluminum, and motor vehicle imports were not affected by Friday’s Supreme Court ruling.

As only Trump can do, he portrays himself as the most pitiful victim in history and repeated on Friday that the United States is the most victimized country in history. As a 73-year-old American, I have never felt that the United States was a victim. I have counted it a privilege to have been born in and lived my entire life in the most blessed and prosperous country in the world.

For the first 72 years of my life, the United States was the “beacon on a hill.” It was the world’s symbol of freedom. It continues to be the world’s greatest experiment in democracy, but it is currently being tested from within like it has not been tested since the Civil War in the 1860s.

Just as people in the midst of a war or national crisis don’t know what the outcome will be, I don’t know how this greatest experiment in democracy will end. However, Friday’s 6-3 decision by the U.S. Supreme Court was the first ray of hope I have seen in 13 months.

Janet

The government should be afraid of its citizens, not the other way around.

4 thoughts on “To tariff or not to tariff? That is the question.

  1. What moves me in this piece is not only the outrage, but also the glimmer of hope. Institutions stepping into their role. Judges reminding us of the separation of powers. Perhaps this is not the end, but a beginning. Grandiosity eventually runs up against limits. And maybe that is what we are beginning to see now.

    Liked by 1 person

  2. You express yourself so well in English, Matroos; it puts me and my writing to shame. Yes, I hope the U.S. Supreme Court will follow Friday’s decision with more decisions firmly grounded in the U.S. Constitution. We have had far too many 5-4 decisions that went in Trump’s favor. Some of their rulings in 2025 emboldened Trump. Somehow, he claimed he was emboldened by last Friday’s decision. He foolishly clung to Justice Kavanaugh’s dissenting opinion because that was all he could find to cling to. He is too ignorant of history and economics to know that President Hoover’s tariffs helped plunge us into The Great Depression.

    Perhaps enough members of Congress will feel pressured by their constituents to grow a backbone and join their Democrat colleagues to start to rise up against Trump. If asked to name the three branches of our government, I doubt that Trump could even name the legislative and judicial branches. He ignores them and mocks them.

    Now, if we could just see the U.S. Justice Department bringing charges against the men involved in the Epstein files. Great Britain is certainly putting the U.S. justice system to shame as they continue to arrest men in high places. With U.S. Attorney General Pam Bondi being Trump’s lap dog, and Trump announcing that we just need to “move on” from the Epstein files and put that mess behind us, I hold little hope that Bondi will seriously pursue any of those men except maybe the Democrats she can identify.

    Meanwhile, we are bracing ourselves for whatever Trump decides to do to Iran on a whim…, if he’d decide to throw us into the current violence in Mexico… and the nasty Congressional campaign season leading up to the November mid-term elections. The lies are already flying online and in TV ads.

    At least we have spring to look forward to. And I will hold onto last Friday’s glimmer of hope.

    Like

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.