Tag: supreme court
Trump's Obsession With His 'Beautiful' Tariffs Is Getting Even Crazier

Trump's Obsession With His 'Beautiful' Tariffs Is Getting Even Crazier

Some kids will have a favorite toy or stuffed animal that they latch onto and keep with them at all times. It can be cute, and they usually grow out of it, so there’s no real harm. It’s a bit different when the kid is the president of the United States and the item he chooses to latch onto is a major policy tool that he does not understand at all.

The item of course is tariffs, which Donald Trump has pronounced as the “most beautiful word in the English language.” This alone should be 25th Amendment stuff. Tariffs are taxes on imports, nothing more, nothing less.How can a type of tax be the most beautiful word in the English language? Imagine someone getting teary eyed and sentimental over “gasoline taxes” or maybe “land transfer taxes.” This is real whack job stuff.

But even worse, Trump doesn’t seem to understand the object of his love at all. He seems to believe that foreign countries are paying the tariffs. He often talks about them as though the Chinese, Korean, or Canadian governments are sending us checks to pay his tariffs.

That is absurd on its face. The tariffs are taxes paid at our ports by the company that imports the product. There is a possibility that the exporters lower their prices to offset the tariffs. To some extent this does happen, but research shows that only a small share -- five to 15 percent -- of the tariff is offset in the form of lower prices charged by exporters. This means that the overwhelming majority of Trump’s tariffs are paid by businesses and consumers in the United States.

And we already have the data on this with Trump’s tariffs. The price we pay, not including the tariffs, for our imports has been rising since Trump’s “Liberation Day,” not falling. This means there is no doubt, people here are paying the bulk of Trump’s tariffs, not anyone in foreign countries.

But Trump’s tariff craziness goes further. He is obviously very concerned that the Supreme Court will rule against him on the legality of his tariffs. They may decide that the first paragraph of section 8 of the Constitution, laying out the powers of Congress which says Congress has the power to impose taxes, means something like Congress has the power to impose taxes. That would mean that Trump would have to end most of his taxes and likely refund the money he raised.

Trump clearly seems to view this as a disaster. He constantly whines over this prospect. He has even taken to claiming that the Supreme Court was given “wrong” numbers on the revenue raised from his tariffs.

This is incredibly crazy for two reasons. First, Trump’s lawyers were the ones giving the court the numbers. Is he claiming that his own lawyers gave inaccurate numbers to the Supreme Court? If that were really the case, the President who is best known for his role in The Apprentice, should have used his signature “you’re fired” line at the point his case was argued.

The other reason Trump’s claim is totally crazy is he somehow came up with the number of $3 trillion as the amount that would have to be refunded. This number is beyond absurd. In a full year, our goods imports are roughly $3 trillion. Does Trump think he imposed 100 percent tariffs on all goods imports? And most of his tariffs have only been in place for half a year.

But the crazy gets worse. Trump insists that tariff revenues are about to skyrocket, as companies have drawn down inventories and will now have to bring in more goods on which they will be paying his tariffs.

There are several problems with this latest Trump story. First there is no evidence that inventories are unusually low right now. The most recent data we have show them to be somewhat higher than at the same point last year.

The second problem is one of simple logic. If tariff revenue is about to soar that would mean that imports and our trade deficit are about to soar. Trump had promised to bring our trade deficit down. Is he now claiming that it is about to go sharply higher?

But the third problem from Trump’s claim is that, if true, it would mean that we will soon be paying much higher taxes. This means that the problem of high prices and affordability that has gotten so many people upset will soon get much worse. That would be very bad news for the tens of millions of people struggling to make ends meet and a big hit to the economy’s growth.

The good part of the story is that the prospect of soaring tariffs is a Trumpian fantasy. If anything, tariff revenue is likely to be somewhat lower in the months ahead as Trump has reduced tariffs on bananas, coffee, and a number of other food items.

Also, as trade patterns adjust to higher prices, import volumes will inevitably fall. The process will be accelerated as foreign companies and countries increasingly recognize that the United States is no longer a reliable trading partner and instead look to other markets. For these reasons, the taxes we pay for Trump’s tariffs will be going down, not up.

But the bad news is that Trump clearly has no idea what he is talking about when it comes to his signature policy. He has no idea of the magnitudes or mechanisms involved in what he calls the most beautiful word in the English language. Maybe Trump doesn’t know English very well.

Trump Asks Supreme Court To Vacate Verdict In E. Jean Carroll Sex Abuse Case

Trump Asks Supreme Court To Vacate Verdict In E. Jean Carroll Sex Abuse Case

President Donald Trump has asked the Supreme Court to overturn the federal grand jury that found him liable for sexually abusing writer E. Jean Carroll.

Trump is asking the nation’s highest court to rule that the federal judge overseeing the case improperly allowed other women who accused Trump of sexual assault to testify during the trial.

In 2023, a federal jury awarded Carroll $5 million, after they found Trump liable for sexually abusing her in a department store in the 1990s. After that decision, Trump verbally attacked Carroll, who then sued him again, this time for defamation. She also won that case, in which a jury awarded Carroll a stunning $83.3 million in damages.

Trump had appealed both cases—and lost both of those challenges, with an appeals court ruling that Trump “has not carried his burden to show that any claimed error or combination of claimed errors affected his substantial rights as required to warrant a new trial.”

Trump’s appeal to the Supreme Court concerns the initial case in which he was found liable for sexualabuse. However, if the court overturns that case, it would also jeopardize Carroll's later defamation judgement.

Currently, it’s unclear whether the Supreme Court will hear the appeal. The justices will decide “early next year” whether to take the case, according to Politico.

However, the Supreme Court has run defense for Trump multiple times, ruling in his favor over and over again, sometimes without explaining their reasoning.

Most notably, the Supreme Court helped Trump avoid legal punishment for his improper handling of classified information and his efforts to overturn the 2020 presidential election by ruling that presidents are largely immune from prosecution. It was one of their most egregious decisions to date, basically declaring Trump to be a king.

But they have also used the emergency docket—which typically involves quick, unexplained rulings—to allow Trump to cancel congressionally appropriated funding for foreign aid and block transgender and nonbinary citizens from choosing their sex on their passports, among others.

Will Supreme Court Nix Trump Tariffs, Boost Economy -- And Aid GOP In 2026?

Will Supreme Court Nix Trump Tariffs, Boost Economy -- And Aid GOP In 2026?

From most accounts of the justices’ reactions, it seems they were unimpressed with the argument from Donald Trump’s lawyers about his power to impose tariffs at will. They had trouble convincing the Supreme Court that the beginning of Section 8 of the Constitution, which lays out the powers of Congress -- “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises" -- does not actually mean that Congress has the power to impose taxes, including tariffs.

The conservative justices, all of whom have made a cult out of their supposed adherence to the original text of the Constitution, might find they would have to bend themselves into even more knots than usual to turn the plain wording of the Constitution on its head and rule in Trump’s favor.

It’s not just integrity that would push them to rule against Trump; it’s also clearly in the interest of the business community to have a tariff regime that doesn’t shift based on the president’s feelings. Businesses making long-term investments need to know whether their inputs will be available at relatively low tariff rates or whether Trump will suddenly whack them with a 50 percent tariff, as he has done repeatedly.

This certainly is also needed in the other direction. If a steel company is making investments in the U.S. based on a 50 percent tariff on imported steel, they need some guarantee that a foreign producer won’t make a bribe to Trump and get their steel admitted tariff free.

The existing tariff regime provided this certainty. Trump’s tariff of the day policy does not.

While Trump is warning of the end of the world if his tariff power is reined in, such warnings are about as serious as his healthcare plan. We obviously would take in less revenue with lower tariffs, but so what?

The Republican Congress happily passed Trump's big tax cuts without any expectation of large amounts of tariff revenue. The loss of this revenue will just put us back to where we were in March in terms of the budget.

Trump has his imaginary $18 trillion in foreign investment which he attributes to the tariffs. He can just attribute this imaginary investment to something else, and all will be fine.

And Trump has his eight wars that he imagines he settled by his tariff threats. Again, he can use some other mechanism to get imaginary peace settlements to imaginary wars.

The real story of the Trump tariffs is very simple. They are a tax on the American people, and in fact a very large one.

The government collected just under $30 billion in import taxes in September of this year, the most recent data available. That compares to around $7 billion last year. The increase of $23 billion would imply a tax of almost $270 billion on an annual basis, or 0.9 percent of GDP. This is one of the largest tax increases in the country’s history.

If the court rules against Trump, then this tax increase likely would be reversed. In fact, the Court could even require that the money collected be returned to the companies that paid it, in effect giving a rebate of $200 billion to U.S. importers. This would be putting a large amount of money into these companies’ pockets, some of which would be spent and boost the economy.

We also don’t know the timing of any court decisions. If they wait until June of next year, when they issue most of their major decisions, then the justices may be giving the country a huge tax break just in time to rev the economy up for the election.

It’s very difficult to say what the economy will look like by next summer. Trump’s tariffs, his budget cuts and layoffs, and mass deportations have been a real hit to the labor market. Job growth has slowed to a crawl, real wage growth is near zero, and the unemployment rate had edged higher as of August. (Trump has the September jobs report but has decided not to release it.) That looks like a path of gradual slowing and rising unemployment for the foreseeable future.

However, we have a big unknown in the form of the AI bubble. Having followed closely both the tech bubble in the 90s and the housing bubble in the 00s, I know that a bubble’s end is hard to predict. Both bubbles went on far longer and grew much larger than I would have anticipated. If the bubble continues to grow, next summer we are still likely to be on the path of modest GDP growth and labor market weakening we see today. If it bursts, then a recession is virtually assured.

In that case, the big tax break the Supreme Court would give us by ending the Trump tariffs would be a major boost to the economy. It would not be large enough to reverse the effect of a collapsing bubble, but it would be an important support to the economy when it badly needs it. Congress would have to do more, but hey, the Supreme Court can only do so much when all the responsible people setting policy have left town.

Dean Baker is a senior economist at the Center for Economic and Policy Research and the author of the 2016 book Rigged: How Globalization and the Rules of the Modern Economy Were Structured to Make the Rich Richer. Please consider subscribing to his Substack.

Reprinted with permission from Dean Baker.

Trump Fears Supreme Court Will Strike Down His Unilateral Imposition Of Tariffs

Trump Fears Supreme Court Will Strike Down His Unilateral Imposition Of Tariffs

On Wednesday, November 5, the U.S. Supreme Court will hear oral arguments in Learning Resources, Inc. v. Trump — a case that challenges President Donald Trump's right to unilaterally impose steep new tariffs using the Emergency Powers Act of 1977.

The plaintiff in the case argues that Trump, without Congress' input, is imposing a policy that is harmful to his business. Trump, however, argues that his tariffs are vital to the country's economic wellbeing.

Axios' Courtenay Brown reports in an article published on November 4, that Trump is claiming the tariffs are a "life or death" matter for the U.S.

"President Trump claimed on Tuesday that the U.S. would be 'virtually defenseless' against other nations if the Supreme Court strikes down a slew of tariffs," Brown reports. "Why it matters: Trump's comments come just one day before the highest court will hear oral arguments challenging the legality of a key part of his economic agenda. Trump officials have played down the effects of a potential loss, saying the administration would step in to reimpose any tariffs overturned by the Supreme Court using other trade authorities."

Brown adds, "Still, Trump for months has been warning that a loss would be economically devastating for the country — even though the U.S. had long survived without the highest tariffs in nearly a century."

On his Truth Social platform, Trump posted, "Tomorrow's United States Supreme Court case is, literally, LIFE OR DEATH for our Country. With a Victory, we have tremendous, but fair, Financial and National Security. Without it, we are virtually defenseless against other Countries who have, for years, taken advantage of us. Our Stock Market is consistently hitting Record Highs, and our Country has never been more respected than it is right now. A big part of this is the Economic Security created by Tariffs, and the Deals that we have negotiated because of them."

Brown notes that what the High Court ultimately decides "could curb Trump's powers — or open the door for Trump and future presidents to use the emergency powers to bypass Congress."

Reprinted with permission from Alternet

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