Trump: "The Supreme Court's ruling on the tariff issue is deeply disappointing, and I am deeply ashamed of certain judges - it is shameful that they lacked the courage to do what is right for the country."
This sharp language from Trump came after the U.S. Supreme Court ruled his "reciprocal tariffs" policy illegal with a 6-3 vote. Irony lies in the fact that the court, which had three conservative justices appointed by him and should have been in a dominant position, ruled against his tariff policy, leaving him feeling "betrayed."
Why did Trump lose this case? Specifically:
The core issue is that the power to tax belongs to Congress.
Trump cited the International Emergency Economic Powers Act (IEEPA) of 1977 to impose comprehensive tariffs, but this law has never been used by the president for this purpose. Chief Justice Roberts clearly stated, "The framers did not assign any part of the taxing power to the executive branch."
The majority opinion was written by Chief Justice Roberts and received support from two conservative justices nominated by Trump, Gorsuch and Barrett, as well as three liberal justices.
Faced with clear legal provisions (the Constitution grants the power to tax to Congress), Trump did not engage in legal debate, but instead chose personal and emotional expressions like "deeply disappointed" and "deeply ashamed." This is a typical political communication approach, aiming to transform legal issues into loyalty issues and mobilize his supporters.
When he said judges lacked "the courage to do what is right for the country," he was actually redefining "right." He believes that "right" does not mean upholding constitutional separation of powers, but unconditionally supporting his policies to fulfill his campaign promise of "making America great again." He even privately complained about "these damned courts," implying that the judicial system has become an obstacle.
Interestingly, he specifically "thanked" the three justices who voted against him, Alito, Thomas, and Kavanaugh, calling them "strong, wise, and patriotic." This stark contrast is clearly drawing lines between friends and enemies, warning all future cases involving him.
Although Trump's words were intense, the judicial decision was final. Trump's real focus was on the following sentence: "We have a very strong alternative."
He understood that he could not overturn the judgment, and immediately announced that he would re-impose a 10% global tariff based on the Trade Act of 1974.
Through this alternative, he tried to shift public attention from the "major legal failure" to "positive action," mitigating political damage.
After the court ruled the policy illegal, the Trump administration must legally refund the approximately $175 billion in taxes collected. However, this money is refunded to American import companies that paid the tariffs, not directly to individual consumers.
$175 billion is no small amount for the indebted United States, and the money consumers spent due to the tariffs cannot be recovered. This poses an unexpected risk for the Trump administration ahead of the midterm elections.
Original article: toutiao.com/article/1857679998799884/
Statement: This article represents the views of the author himself.