SCOTUS Thread (News and Discussion) III: Abandoning 50 Years of Precedent

**Salodin** · 2026-02-20 10:33

Who gives a fuck what a court says

Talk to me again in a week when the actions and behavior change. They can write until they're red in the face, I want to see actual reporting that tariffs are rescinded and not being enforced (or threatened) anymore

But if that does actually happen then I'll be happy lol

Sent from my SM-S936U using Tapatalk

**Mertron** · 2026-02-20 10:33

yeah the main thing im seeing from the legal people i follow is “how do they work out refunding this”

it’s part of the main argument of the dissenters (alito and thomas as usual, with kavanaugh)

**6souls** · 2026-02-20 10:40

https://www.yahoo.com/news/articles/...ycsrp_catchall

The majority found that the Constitution “very clearly” gives Congress the power to impose taxes, which include tariffs. “The Framers did not vest any part of the taxing power in the Executive Branch,” Chief Justice John Roberts wrote.

“The tariffs at issue here may or may not be wise policy. But as a matter of text, history, and precedent, they are clearly lawful,” Kavanaugh wrote in the dissent.

The majority did not address whether companies could get refunded for the billions they have collectively paid in tariffs. Many companies, including the big-box warehouse chain Costco, have already lined up for refunds in court, and Kavanaugh noted the process could be complicated.

“The Court says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers. But that process is likely to be a ‘mess,’ as was acknowledged at oral argument,” he wrote.

The tariffs decision doesn’t stop Trump from imposing duties under other laws. While those have more limitations on the speed and severity of Trump’s actions, top administration officials have said they expect to keep the tariff framework in place under other authorities.

**Mertron** · 2026-02-20 10:42

yeah that last paragraph is the key: there are other options trump can lie about to keep the tariffs going that do not need congressional approval. however, some of them have limits on how long the tariffs can stay in place, and some have limits on how high the tariff rate can be

**6souls** · 2026-02-20 10:45

https://www.supremecourt.gov/opinion...-1287_4gcj.pdf

The full opinion

**Mertron** · 2026-02-20 10:45

options 1, 3 and 5 are the most likely imo. the problem with option 1 is the eventual investigations within the commerce department that take place if democrats take over the house, so I’d go with options 3 and 5 where trump can just say the old line of “we get screwed by everyone on trade” and just have to adjust the rates

**Byrthnoth** · 2026-02-20 10:59

The real thing here is that it took the the Supreme Court a fucking year to write this opinion. With 5 things on that list, even if all of them are unconstitutional his term will be over before he's done churning through them.

The tariffs will continue because it gives him leverage to do more corruption. I don't know what the legal justification will be, but it seems like everyone agrees on that point.

**Tyche** · 2026-02-20 11:10

Kavanaugh's dissent may be the stupidest fucking thing that I've ever seen. He dissents because he thinks refunds are going to be a mess, not even fucking relevant to the case. And then he dissents because he says the president has other avenues to do the same thing again. Again, not what was being argued. Dude is inventing cases to argue against.

**Tyche** · 2026-02-20 11:13

"Look, I know you did something illegal, but that's OK because fixing it is hard and you can do other things similar."

**Kaslo** · 2026-02-20 11:41

Originally Posted by Salodin

Who gives a fuck what a court says

Talk to me again in a week when the actions and behavior change. They can write until they're red in the face, I want to see actual reporting that tariffs are rescinded and not being enforced (or threatened) anymore

But if that does actually happen then I'll be happy lol

Sent from my SM-S936U using Tapatalk

Dooming only allowed.

**Kaslo** · 2026-02-20 11:43

Gorsuch's Concurrence is a hell of a read. Basically a treatise on the Major Questions doctrine shitting on every other justice.

**6souls** · 2026-02-20 11:45

https://x.com/Acyn/status/2024884230350938456

**Mertron** · 2026-02-20 11:46

how did gorsuch vote on presidential immunity again? didn’t that ruling state that we :shouldn’t: assume the president is going to be a huge piece of shit?

whatever man

**Tyche** · 2026-02-20 12:40

I generally hate everything about Gorsuch opinions. I think his legal theories tend to be more inconsistent than the others. Brown-Jackson is my favorite. I feel like she's 3 opinions away from calling Thomas Uncle Tom.

Really shocked by Kavanaugh's opinion on this. He stated the judiciary should have no role in determining what's an emergency. Let that sink in. The executive can make up emergencies and react how they want, without question. Then he focuses on the consequences of overturning it, which is objectively not a legal question. Trash dissent.

Roberts hung him. "Emergencies" are not a pretext for bypassing the Constitution.

**Tyche** · 2026-02-20 12:47

Still reading Kavanaugh. His argument for focusing on the consequences is that the majority ruling creates such logistical and economic instability that the majority is misinterpreting the IEEPA.

Ummmm.....what?!? Not allowing him to tax without discretion would creat logistical and economic instability? Are you kidding me bro?

**Elizara** · 2026-02-20 12:51

I'm laughing right now; Drumph got some come uppance right there.

**Tyche** · 2026-02-20 13:18

Ultimately, prices aren't going anywhere. December inflation was higher than at any point in Biden's last year when all trump could talk about was inflation. The acceleration of inflation at the highest since 2022 post-covid era.

Let him double down on shit economic policy. I'm sure it'll help in November.

**Mertron** · 2026-02-20 13:36

trump is giving his usual unhinged press conference at the moment and has already said he will find other ways to keep the tariffs, and likely make them higher

masterful gambit sir

**Yabby** · 2026-02-20 13:40

This isn’t going to change until people stop spending money on things they don’t actually need. I’ve already ranted on this forum about folks complaining about grocery prices while DoorDashing every meal or carrying a $1,000-a-month car payment.

When entertainment subscriptions start getting canceled, and sales of chips, soda, candy, concert tickets, and other non-essentials drop, then things will change. But realistically, they won’t, because people have shown they won’t accept less once they’ve had more. Many would rather go into crippling debt than give up date night or convenience.

I’m not saying people shouldn’t spend money on things that bring them joy. But if you’re paying for five streaming services, eating out four nights a week, and driving a $100k car, I don’t want to hear you complain about the cost of living.

**Tyche** · 2026-02-20 13:48

Originally Posted by Mertron

trump is giving his usual unhinged press conference at the moment and has already said he will find other ways to keep the tariffs, and likely make them higher

masterful gambit sir

P sure I heard him say he was raising the legal tarrifs another 10% lol.

Now he's saying he ain't giving the money back, gonna make them litigate the refunds.

Delicious press conference.

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