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Ocelot II

(129,952 posts)
6. I think this decision will be a big burr under his saddle because it rejects his notion
Fri Feb 20, 2026, 11:13 AM
Friday

that he can just pull an emergency out of his ass and declare that it justifies his unilateral imposition of tariffs because he feels like it. There are ways to for him to do it but the IEEPA isn't one of them, and the other ways require Congress to regain consciousness now and then.

The White House has said that it plans to replace the IEEPA tariffs with other duties using more clear-cut authorities. However, those legal provisions usually require the U.S. Trade Representative to undertake an investigation, and only apply to certain sectors. President Trump had been using the “emergency” tariffs as a cudgel against any country that displeased him for any reason — including nations like Brazil, on the justification that the government was persecuting a political ally, former president Jair Bolsonaro. Losing that authority deprives Trump of a powerful point of leverage and tool of retaliation.
https://www.nytimes.com/live/2026/02/20/us/trump-tariffs-supreme-court

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