[tptacek]

The case before the Court of International Trade failed on non-delegation and major questions grounds. But my point isn't that SCOTUS will affirm the lower court here (though: they will), but rather that your logic upthread doesn't hold. You said "the President makes foreign policy, not the courts". Plain category error.

[rayiner]

Trump is knee-deep in negotiating with foreign countries on trade deals using the tariffs as leverage. And the court must purported to kneecap him. Of course it’s an exercise of the President’s foreign policy powers, and that’s why Congress gave the President this authority over tariffs in the 1930 act.

The major questions issue shows how out on a limb this court is. There’s currently a circuit split on whether MQD even applies to the president.

[abduhl]

>> Trump is knee-deep in negotiating with foreign countries on trade deals using the tariffs as leverage.

This statement is completely speculative. There is no evidence that substantive negotiations are happening on any trade deals.

>> There’s currently a circuit split on whether MQD even applies to the president.

The president is not a party to this suit so I don’t understand what this statement has to do with anything.

[rayiner]

https://www.ft.com/content/aac26993-8be0-499f-bc08-9a59ed7f4...

[abduhl]

This is as “knee deep” as his 200 deals that were “made” a month ago.

https://www.politico.com/news/2025/04/25/trump-200-trade-dea...

[rayiner]

The FT is reporting it.

[tptacek]

Your bigger problem here is "accomplishing foreign policy objectives using tariffs" is not an authority Congress has delegated to the executive branch, and, in fact, this cuts against his argument (that he is instead responding to an "economic emergency", despite the performance of our economy and the fact that he's responding to conditions that we have been working with for generations).

You have somehow put yourself into a position of having to argue that an enumerated power of Congress actually belongs wholly to the executive so long as the executive has some constitutionally legitimizing purpose for the application of that power. I think you must be doing this for sport, just to see if you can wriggle out from the contradictions.