By John Q. Hosedrinker 
The Trump administration has requested the Supreme Court to rule on the legality of his tariff policies, despite rulings against them from two lower federal courts. The petition itself presents factual claims that, if taken seriously, would likely lead the Court to strike down the tariffs under the “major questions doctrine.” However, the Court’s Republican justices have seemingly used this doctrine inconsistently, applying it against Democratic President Biden while potentially seeking a way to exempt Trump. This doctrine has no legal basis and appears to be a tool used selectively to invalidate policies, potentially offering an exception for foreign policy decisions.
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Trump’s lawyers just inadvertently admitted that his tariffs are illegal, and it’s hard to miss. The fact is, the Trump administration is now before the Supreme Court, asking them to decide if his ever-changing tariff policies were lawful. Think about that: the team arguing *for* the tariffs is basically laying out all the reasons *why* they shouldn’t be legal. It’s like they’re tripping over their own feet in their arguments. Two lower federal courts, along with ten federal judges, have already said these tariffs are illegal.
The real kicker here is that Trump’s legal team is presenting a case filled with factual claims. If the Supreme Court took these claims seriously, they’d be forced to strike down the tariffs. But, and this is a big but, it would depend on the Supreme Court. They would need to apply the same checks on executive power to Trump as they have to other presidents. The court is dominated by Republican judges. The question then is: will the court hold Trump to the same standards as others? That’s the gamble.
What’s even more interesting, or perhaps cynical, is the financial angle. Apparently, people are betting *against* the tariffs’ legality. There are investment firms out there, and one of the biggest ones is allegedly headed by the Lutnick family, who are essentially buying up the right to tariff refunds. They’re betting billions that the tariffs will be overturned. This whole thing has an overwhelming smell of a plan that was hatched long ago.
The whole situation highlights a potential issue that could arise once the courts do rule the tariffs unconstitutional: it won’t be the companies that paid the tariffs that get the money back; instead, it will go to those investment firms that bought the refund rights. So, the companies who paid the tariffs passed on the cost to consumers. Now the consumers will not get the money back. Who wins? The investment firms. This isn’t an accident, and it’s starting to look like a pre-orchestrated outcome.
This also makes it clear that the situation is not about legality or even policy but is really about what those in power can get away with. It’s as if the rules don’t apply when the goal is personal profit. It’s difficult to deny the fact that Trump can often get away with whatever he wants, and it’s probably not going to change anytime soon.
The whole thing is almost cartoonish. Everyone seems to know the tariffs are illegal, and it’s all just out in the open. But there’s a feeling of inevitability about it. Nothing will change until we see some kind of political shift, or the Supreme Court has to start to actually follow the law. It’s a reminder that the systems that are supposed to protect us can be manipulated, especially when there’s money and personal agendas at stake.