Sep 4, 2025
Trump Asks SCOTUS To Overturn Ruling Against Tariffs
President Trump has asked the supreme court to overturn a decision ruling that his trade tariffs were illegal.
- 14 minutes
We have trillions of dollars
coming into our country.
If we didn't have tariffs,
we would be a very poor nation and we
would be taken advantage of by every
other nation in the world, friend and foe.
We're not going to let that happen.
And we have a very, very big case
in the Supreme Court.
[00:00:15]
I can only say this.
Our country has a chance
to be unbelievably rich again,
but it can also be unbelievably poor again
if we don't if we don't win that case.
Our country is going to suffer so greatly.
[00:00:33]
You know that white House
is really suffering from the excess gold.
What's going on there?
Like you like bombing Iran,
but the white House looks like
you're you're a Persian guy.
Like, what's going on? Come on.
Anyway, sorry,
I just I had to comment on this.
[00:00:49]
I like brass fixtures in my home,
but, like, too much?
Yeah. Too much.
That's Trump's middle name. Too much?
Exactly. Yes.
All right.
But let's get to the topic at hand,
which is tariffs much sexier
than interior design.
So the Trump administration
is now officially asking the United States
[00:01:07]
Supreme Court to weigh in on the legality,
the constitutionality of his
various trade wars, his tariffs policy.
And he wants to do this after a lower
court has ruled that his sweeping tariffs
are, in fact, illegal.
[00:01:23]
So Trump filed a petition late on
Wednesday this week to ask for a review of
last week's federal appeals court ruling.
This is in Washington, DC, which centered
on his Liberation Day tariffs.
The court found in a 7 to 4 ruling
last Friday that Trump overstepped
[00:01:40]
his presidential powers
when he invoked a 1977 law
designed to address national emergencies
to justify his reciprocal tariffs.
You know, I know this is surprising,
but you can't just declare
that there's a national emergency
because you want to do what you want to do
[00:01:57]
without dealing with Congress.
I get that Congress is pretty much useless
at this point, but maybe we fix that
instead of have an executive branch
that unilaterally does anything it wants.
Again, they were not reciprocal at all,
despite his claims otherwise.
[00:02:12]
So the federal appeals court said
that US law bestows significant authority
on the president
to undertake a number of actions in
response to a declared national emergency.
But none of these actions explicitly
include the power to impose tariffs,
[00:02:28]
duties or the like, or the power to tax.
And it also said that many of Trump's
steep tariffs were unbounded in scope,
amount, and duration,
and assert an expansive authority that is
[00:02:46]
beyond the express limitations of the law.
His administration has leaned on.
In other words, this don't make any sense.
- That's what they're saying.
- Yeah.
So it doesn't make any sense in a lot of
ways, but this is one of the ones where I
think the Supreme Court might, cheat
a little bit and give Trump the victory.
[00:03:05]
So let me explain why they shouldn't, why
this ruling is definitely right, and then
why they might go in the wrong direction.
So first of all, Congress has the duty
of imposing taxes, period.
So that's a constitutional issue.
[00:03:21]
And so that's why even this law
that Trump is citing says the president
can regulate but cannot impose taxes.
Again, core constitutional power
of Congress, not the president.
Right.
So I know Donald Trump doesn't care
about separation of powers.
He said the other day that I'm president,
so I could do whatever I want.
[00:03:39]
That's not how our system
of government works.
Number two, is there
a national emergency around tariffs?
No, of course not. It's absurd.
It's not even close.
So that doesn't mean
you shouldn't do anything.
That doesn't mean you shouldn't
even pass tariffs or these tariffs, but it
means you have to pass them into law.
[00:03:56]
And then the president signs them. Not.
I felt like it because I have
emergency powers to regulate.
But that's
where the Supreme Court might go.
Well, you know, you say impose,
I say regulate.
So I think it's within his powers
to regulate tariffs.
And Congress gave him that authority
through this law, even though the law
[00:04:14]
clearly says he cannot impose taxes.
Right.
So but they might use
that as a way to go, well, okay.
We're not going to let him do x,
Y and Z. Get rid of due process.
That's more important.
And they're probably going to rule against
him on a bunch of major, major cases
[00:04:31]
because he's so outside the law
and outside the Constitution.
So they're going to want to give
him one here, because the optics of
this is it feels like maybe the president
should be able to do tariffs,
and they're going to be reluctant
to reverse the fact
that we've already gotten trade deals.
[00:04:47]
So they're going to rely on.
A really good point.
Yeah I didn't think about that.
Yeah.
So now they're very wrong about it
because of one of their own precedents
that they set to block Biden
just a couple of years ago.
So we're going to get to that in a second.
Can sew, but this is one
where you got to watch out.
[00:05:03]
Supreme court could, like I said,
go in Trump's direction, even though
it's clearly not right by the law.
Wow. Okay.
So the appeals court paused its ruling.
I should note that allowing the tariffs
to remain in effect
at least until October 14th.
So the administration could file
its appeal with the Supreme Court.
[00:05:22]
And Trump, of course, quickly hit back
in dramatic fashion, claiming that, quote,
if allowed to stand, this decision
would literally would literally destroy
the United States of America.
Okay.
I mean, look,
it's hard to take this guy seriously.
[00:05:38]
He even said that the US could end up
being a third world country.
I got news for you.
It is increasingly looking
like a third world country.
And the federal courts ruling on your
tariffs policy has little to do with it.
Yeah, because a massive income inequality
that both parties have created now,
[00:05:55]
the Marshall Law,
you're threatening by rolling in,
you know, troops into our cities.
You're the one ignoring the rule of law.
You know, the number one way
to become a third world country,
in his terminology, is to ignore the rules
and the constitution of a country
[00:06:11]
and turn it into some sort of autocracy.
- And that's what destroys countries.
- Yeah.
So in in the petition
to the Supreme Court, let's get into some
of the details on that,
which was filed on Wednesday night.
The administration continued in this vein,
saying that the tariffs
[00:06:27]
are promoting peace
and unprecedented economic prosperity.
Your 50% tariffs
pushed India into the arms of a foe.
China. China.
Like what are you talking about?
What is this like?
Okay. Yes.
World peace.
[00:06:42]
Our tariffs policy
is promoting world peace.
Okay.
Saying that the tariffs are promoting
peace and unprecedented economic
prosperity and pulling America back
from the precipice of disaster, restoring
its respect and standing in the world.
America is more isolated now
than ever before.
[00:06:59]
India was a longtime ally.
They're now like hitting up China to,
like, attend the military parades that.
- Russia and.
- Iran.
Yeah, yeah, yeah.
Congratulations, America.
So the Supreme Court still has no,
still has to decide, of course,
[00:07:16]
whether or not to take up this case.
Solicitor general, de John Sawyer
asked the justices to take a or make
a decision by September 10th.
But in the case that the lower court's
ruling is allowed to stand,
what exactly would happen?
[00:07:32]
So let's get into that.
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The current average US effective tariff
rate right now is about 16.3%.
[00:08:10]
That would be halved.
It would be cut in half.
The US could be forced to pay back
tens of billions of dollars to, you know,
the because tariffs have already been
we've spent money on tariffs already.
So obviously that would have
to be refunded.
[00:08:26]
And preliminary trade deals
Trump has struck with some countries
could be derailed.
And what about revenue.
So Trump keeps saying that his tariffs
are going to bring
in $17 trillion in revenue which is.
Come on man. Jesus Christ.
[00:08:41]
Come on.
Which is absurd.
$17 trillion would represent more
than four times all annual U.S.
Imports,
or more than half of the total US economy.
It's more than double
what the white House claimed over
the weekend the tariffs were generating.
[00:08:57]
So he just throws numbers out there
without even thinking about it.
So $17 trillion. Okay.
And that's I mean, like that, when he
does that, it's gonna save us 8 trillion.
I mean, 17 trillion.
You get a sense that maybe he
didn't calculate the number.
Yeah, yeah. Recalculating.
[00:09:13]
According to the Tax Foundation,
expected revenue over the next decade
would increase from $2.3 trillion
to $547 billion if Trump loses his case
at the Supreme Court.
[00:09:29]
And that is significant, but nowhere
near the astronomical, you know,
$17 trillion figure that he was touting.
Now, let's talk a little bit about well,
I'm going to talk a little bit
about some of the federal judges
who are worried about the Supreme Court
being too deferential to Trump.
[00:09:44]
- But did you want to jump in, Jake?
- Yeah, I do.
So first I want to answer a question
by one of our members.
Kayleigh wrote in is it just me
or does Trump get fast tracked
to Scotus unlike everybody else?
No, Kayleigh on that one.
That's very normal because the president
is taking massive action.
[00:09:59]
And if it's illegal or unconstitutional,
the Supreme Court has to step in.
Well, the courts have to step
in overall and stop it.
And then the Supreme Court
has to decide in a hurry.
Is this, allowed on a national scale
or not allowed?
Because when the president acts
in this way and there's a significant
[00:10:16]
constitutional question,
they got to get that through the courts
as soon as possible.
So there's nothing wrong with that.
But I love that you're participating
in part of the show to join, to become
a member and be part of the show.
All right.
Now, look, guys,
you know how aggressive I am.
So if one of our allies is in office,
I say have at it, Hoss.
[00:10:34]
Etiquette don't care.
Unspoken rules or unwritten rules.
Well, you should have written them down.
Okay, so I would push super aggressively
to get our bills passed,
that favor the American people.
But I would never go outside of the law.
I would never go outside the Constitution.
[00:10:50]
Because then you're defeating the purpose.
The purpose is to protect
and protect America and to make it better
and to serve the average American.
And if you're destroying
the Constitution to do that,
it is counterproductive, right?
So now, when you look at the Supreme Court
in this case, there's three reasons
[00:11:05]
why they should rule against Trump.
One of them is legal
and I think determinative.
That's why I say the Supreme Court
kind of has to cheat here
to get to to rule for Trump.
But first, before we get to that,
if they ruled for Trump,
they'd actually ruled against Trump.
[00:11:21]
They'd actually be doing Trump
a huge favor because these tariffs
are going to drive up inflation.
- It's already begun.
- And it has.
And so it's going
to really hurt the economy.
So if Trump can say well I was going
to do tariffs and they were going
to get us 17 trillion and they were going
to but the Supreme Court wouldn't let me.
[00:11:38]
That would be a huge favor for Trump
even though Trump doesn't realize it.
- Right.
- Maybe Trump's playing 3D chess.
Yeah, a little less likely.
A little less likely.
- A lot less.
- Likely.
He's lucky.
More likely is the $17 trillion
in revenue from his tariffs.
Okay, that's more likely than Trump
playing 3D chess in this situation.
[00:11:55]
2d checkers is barely capable anyway.
So the second reason that the Supreme
Court might rule against Trump
Is because, they usually vote
in favor of corporate interests.
And these tariffs
are against corporate interests.
- They don't like.
- That.
So now in this this is a rare case
where corporations are kind of right.
[00:12:13]
Right.
And they're not just doing it
for their own.
Well, they are doing it
just for their own benefit.
They coincidentally happen to be right.
But Supreme Court generally
cares more about corporate interests
than political interests.
Hold on.
I got to jump in on that because it
really depends on the corporation,
because the way that Trump sold his
tariffs policy to the American people is
[00:12:32]
not the way he's actually carrying it out.
Obviously, he doesn't really care
about manufacturing jobs
coming back to the United States.
In fact, we have less manufacturing jobs.
In fact, a new jobs report came out
and hiring has slowed considerably.
Our economy has come to a screeching halt.
And now you have various companies
basically warning consumers prices are
[00:12:52]
about to go up because we've been eating
the costs of Trump's tariffs.
But there's a wrinkle in this story that I
don't think is being talked about enough.
And that wrinkle is the fact that,
you know, there are some corporations,
there are some US based companies
who got carve outs from Trump's tariffs.
[00:13:09]
And so there's like some bribery
going on with that, which disgusts me.
But it also gives the companies
who are bribing to get those carve outs
an edge in the markets.
Right.
Because they're able to offer their
product for less because they're not,
[00:13:27]
you know, having to pass off the cost
of the tariffs to the consumers.
Yeah.
So look, that's crony capitalism.
Corporate capture.
Yeah, absolutely.
All those problems
and both the voters of both the left
and the right are sick of that.
So finally, for me,
what is the core legal issue here?
[00:13:46]
Well, the Supreme Court,
announced something called
a major questions doctrine under Biden.
And so Biden was trying to do
student loan forgiveness, right?
And they said no.
If it's a major question of policy
that affects the budget significantly.
[00:14:04]
Then it's a major question that has to be
authorized by Congress, and the president
cannot do it unilaterally.
Now the tariffs, the size of the tariffs
dwarf the student debt forgiveness.
So they are much, much larger.
So there's no question that it is a major
question according to the major questions
[00:14:22]
doctrine that the Supreme Court said
as a precedent just a couple of years ago.
So they would have to reverse
their own precedent,
which would then become comical.
- Right?
- Total clown show.
We meant the president doesn't need
authority if it's a major question.
And so now are they going to reverse
every time there's a new president?
[00:14:40]
So I don't know how they're going
to get around that one.
But that would be a massive case of legal
hypocrisy if they turn around and say,
this is not a major question
because it clearly is according
to their own standard and hence has
to be passed by Congress and cannot be
done unilaterally by the president.
[00:14:57]
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