
Mark Joseph Stern at Slate is normally anything but positive about Chief Justice John Roberts. But he gives him some props for the tariff decision today:
Chief Justice John Roberts’ opinion for the court sends the blunt message that Trump should not expect SCOTUS to rubber-stamp all of his expansions of executive power, no matter how much political pressure he puts on the justices. This rejoinder may be surprising given the Republican-appointed supermajority’s previous tolerance for the president’s assertions of king-like authority. But as Roberts’ crisp, confident opinion explains, allowing the president to impose taxes unilaterally—at least without clear congressional authority—is an existential threat to the very “existence and prosperity” of the nation.
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Should we be shocked that this court—which has, for 13 months, enabled Trump’s abuses of office over the shadow docket—smacked down Trump’s marquee economic policy so emphatically? Not really. For one thing, this case is pretty easy: As Roberts explained, no sensible reading of IEEPA would hand over unlimited tariff authority to the president. Moreover, the business community does not like these tariffs; even the Chamber of Commerce urged the justices to strike them down. The conservative justices are sympathetic toward corporate interests, and did them a favor by ending Trump’s whim-based tariff regime. These justices are also economically literate and must understand that tariffs are bad for the economy. As with Trump’s efforts to fire members of the Federal Reserve, this case gave the conservatives an opportunity to flaunt their independence while delivering a victory to corporate America. From that angle, it’s a pure win-win.
But we should not be entirely cynical about Friday’s ruling. It does take courage for the justices to stand up to the president this way, especially when he has tried to bully them into ruling in his favor. Since Trump returned to the White House, we have wondered whether the Supreme Court could muster enough independence to save our constitutional system from his efforts to consolidate all power in the Oval Office. Too often, SCOTUS has shirked this duty. But there are still some lines it won’t let Trump cross. As Roberts wrote, the Framers viewed taxation as “the one great power upon which the whole national fabric is based.” And in the end, he and his colleagues felt obliged to protect this thread of our national fabric from the man who would unravel it
Yes, it turns out that they don’t like taxes. Surprise. They’re clearly worried that a Democratic president will start unilaterally taxing them. Nonetheless, in protecting the prerogatives of the Congress, they are breaking from their Unitary Executive obsession and it’s just possible that they are finally seeing the wisdom of upholding the checks and balances. They’ve staked some ground with this one and it will be very interesting to see if they continue to relearn the lesson of 250 years ago that it’s a mistake to endow a Mad King with unlimited power.








