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by mindslight 53 days ago
The existence of case law / precedent does not affect whether something is "already illegal", but rather only how strongly one can predict if something is illegal. The original tariffs were illegal from day 1.

The point of the analogy was exactly to point at something with a lot of case law where this dynamic is crystal clear (although if Trump starts petty shoplifting after he's done looting our government, it's even odds whether this corrupt "court" will find some way to excuse it. Anything for the cause, of course)