Friday, February 20, 2026

 


SUPREME COURT ENDS TRUMP'S TARIFFS- MAYBE

The decision is 6/3 against Trump.  But on key doctrines non-delegation of power by Congress and major questions doctrine, there is no clear guidance.  I did not read the entire opinion.  I know how to do a cursory read to identify the differences of opinion by the justices.

What this means is anyone's guess.  The opinion is not helpful.  

Six agree the tariffs are unconstitutional.  But then the reasoning part breaks down.  The six are politely attacking one another as to the basis for their reasoning.  

This opens a big door for Trump to try and get around the opinion.

TARIFFS AS A WEAPON

I want to see how this impacts Cuba.  Trump's threats against Mexico and Canada to use tariffs if they help Cuba, may no longer be a weapon.

A survey of opinions of how this opinion will work, tells me no one knows.  We must wait to see how people act, and Trump responds.

MOVING FORWARD

There are two sides to this.  Do the tariffs issued by Trump become void immediately.

The second issue is, how do those who paid the tariffs recover the tariffs already paid.

The former should be the easiest to resolve.  The latter as the Court itself noted could take years of litigation. 

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