After a recent appellate decision declared Trump’s sweeping tariff regime unconstitutional, the administration is appealing the decision to the Supreme Court. That’s entirely expected, and even the Fourth Circuit kept the tariffs in place until mid-October to give Trump the opportunity to do so.
Donald Trump reacted to the appellate court loss with the expected over-the-top social media post, writing, “If allowed to stand, this Decision would literally destroy the United States of America.” Solicitor General D. John Sauer was (slightly) more measured in the appeal filed last week, writing,“That decision casts a pall of uncertainty upon ongoing foreign negotiations that the President has been pursuing through tariffs over the past five months, jeopardizing both already negotiated framework deals and ongoing negotiations. The stakes in this case could not be higher.”
Now the full court press is on from the Trump administration over the tariffs. Treasury Secretary Scott Bessent went on NBC’s Meet the Press this weekend to make a not particularly subtle pitch to the High Court. “I am confident that we will win at the Supreme Court,” he said. And, really, why wouldn’t he feel that way? The Court has bent over backwards to do what the administration wants. Still, Bessent tightens the screws. “But there are numerous other avenues that we can take. They diminish President Trump’s negotiating position.”
He also played the money card, focusing on the financial impact of following the constitution. “We would have to give a refund on about half the tariffs, which would be terrible for the Treasury,” Bessent said.
“If the court says it, we’d have to do it,” he continued.
Well, at least *he* plans on following the Supreme Court’s ruling. Progress!
Watch the full interview below.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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