The Volokh Conspiracy
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Trump on the Supreme Court's Tariff Decision
It wasn't the Court's opinion that is an "embarrassment."
After the Supreme Court ruled (correctly) that the International Emergency Economic Powers Act (IEEPA) does not authorize the imposition of tariffs, President Trump issued remarks on the decision. It was quite something.
Here are some excerpts form the transcript:
The Supreme Court's ruling on tariffs is deeply disappointing, and I'm ashamed of certain members of the court, absolutely ashamed, for not having the courage to do what's right for our country.
I'd like to thank and congratulate Justices Thomas, Alito and Kavanaugh for their strength and wisdom and love of our country, which is right now very proud of those justices. . . .
The Democrats on the court are thrilled, but they will automatically vote no. They're an automatic no, just like in Congress, they're an automatic no. They're against anything that makes America, strong, healthy and great again. They also are a, frankly, disgrace to our nation, those justices. . . .
Others think they're being politically correct, which has happened before far too often with certain members of this court, and it's happened so often with this court — what a shame — having to do with voting in particular, when in fact they're just being fools and lapdogs for the RINOs and the radical left Democrats and, not that this should have anything at all to do with it, they're very unpatriotic and disloyal to our Constitution.
It's my opinion that the court has been swayed by foreign interests and a political movement that is far smaller than people would ever think. It's a small movement. I won by millions of votes, we won in a landslide. With all the cheating that went on, there was a lot of it, we still won in a landslide. Too big to rig.
But these people are obnoxious, ignorant and loud. They're very loud. And I think certain justices are afraid of that. They don't want to do the right thing. They're afraid of it. . . .
I understand how they are very easily swayed. I want to be a good boy. . . .
To show you how ridiculous the opinion is, however, the court said that I'm not allowed to charge even one dollar. I can't charge one dollar, can't charge a dollar. I would have used one penny, but we don't make the pennies anymore. We save money.
Can't charge one dollar to any country under IEEPA, not one dollar, I assume to protect other countries. This must have been done to protect those other countries. Certainly not the United States of America, which they should be interested in protecting. That's what they're supposed to be protecting. . . .
Our country is the hottest country anywhere in the world right now, and it was a dead country one-and-a-half years ago under an incompetent president. But now I'm going to go in a different direction, probably the direction that I should have gone the first time.
But I read the language. I'm very good at reading language, and it read our way 100 per cent. But now I'll go the way I could have gone originally, which is even stronger than our original choice.
As Justice Kavanaugh — whose stock has gone so up, you have to see, I'm so proud of him — wrote in his dissent, "Although I firmly disagree with the court's holding today, the decision might not substantially constrain a president's ability to order tariffs going forward." So think of that, "the decision might not substantially constrain." And it doesn't. He's right. In fact, I can charge much more than I was charging. So I'm going to just start. . . .
And from the Q&A at the press conference:
Question: Mr. President. What will you say to foreign nations who seek to renegotiate their deals? And what did you mean a moment ago when you said that the Supreme Court has been swayed by foreign interests?
Trump: Well, I think that foreign interests are represented by people that I believe have undue influence. They have a lot of influence over the Supreme Court, whether it's through fear or respect or friendships, I don't know. But I know some of the people that were involved on the other side and I don't like them.
I think they're real slimeballs. And, uh, got to do what's right for the country. You got to do what's right for the Constitution. That's why I respect so much, Justice Thomas and Alito, Kavanaugh, because they not only dissented, their dissent is so strong. When you read their dissent, you know, a lot of times you'll read a dissent and it's like, well, you don't know.
It could go either way. There's no other way. The good news is it's like Justice Kavanaugh said, very strongly said, you have other ways you can go. You don't have to go that way. You can go other way. There are numerous other ways you can go. And frankly, this should have been done by presidents many years ago.
They allowed our country to be eaten alive. We lost 50 percent of our car business. We used to make cars. We made all cars. And then Mexico came, Canada came, Japan, and Germany, but they're all coming back now. They're all coming back at record levels. . . .
And on his appointments to the Court:
Question: Mr. President, Justices Gorsuch and Barrett, are you surprised in particular by their decision today?
Trump: I am.
Question: And do you regret nominating them?
Trump: I don't want to say whether or not I regret. I think their decision was terrible. Yeah. I think it's an embarrassment to their families, you want to know the truth, the two of them. Yeah.
