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Re:Trump's global tariffs struck down by US Supreme Court by mastax on Friday February 20, 2026 @11:30AM (#47090175)
It seems likely to me the ruling took this long because John Roberts wanted to get a more unanimous ruling.

Additionally, the law in this case isn’t ill defined whatsoever. Alito, Thomas, and to a lesser extent Kavanaugh are just partisan hacks. For many years I wanted to believe they had a consistent and defensible legal viewpoint, even if I thought it was misguided. However the past six years have destroyed that notion. They’re barely even trying to justify themselves in most of these rulings; and via the shadow docket frequently deny us even that barest explanation.

Re:Trump's global tariffs struck down by US Supreme Court by blackjack_ on Friday February 20, 2026 @12:04PM (#47090645)
Alito is one of the original proponents of the unitary executive theory (way before he was a Supreme Court justice). Everything he does should be looked at as an attempt to impose said theory and destroy America.
Re:Trump's global tariffs struck down by US Supreme Court by anthonypasq on Friday February 20, 2026 @01:38PM (#47091919)
its truly bizarre that anyone with this view could get approved by congress. its so antithetical to the entire american political system. just blows my mind how spineless congress as an institution has been for decades.
Re:Trump's global tariffs struck down by US Supreme Court by judahmeek on Friday February 20, 2026 @08:40PM (#47096560)
Repealing the 17th amendment will once again incentivize the Senate to choose Supreme Court justices who seek to strengthen federalism & decentralize power
Re:Trump's global tariffs struck down by US Supreme Court by mastax on Friday February 20, 2026 @07:00PM (#47095799)
I don't think that is compatible with his ruling in Biden v. Nebraska, nor some others during Biden's term.
Re:Trump's global tariffs struck down by US Supreme Court by bradleyjg on Friday February 20, 2026 @12:11PM (#47090758)
Kavanaugh clearly isn’t in the same bucket. His votes go either way. I don’t recall seeing a single decision this administration where either Alito or Thomas wrote against a White House position. Not just in case opinions but even in an order. I don’t think we’ve seen a justice act as a stalking horse for the president in this way since Fortas.
Re:Trump's global tariffs struck down by US Supreme Court by zeroonetwothree on Friday February 20, 2026 @12:42PM (#47091164)
Weren’t Sotomator and Jackson the same with Biden? Kagan is much more principled.
Re:Trump's global tariffs struck down by US Supreme Court by bradleyjg on Friday February 20, 2026 @12:44PM (#47091204)
In major case, sure. But every last emergency petition? I don’t think so.
Re:Trump's global tariffs struck down by US Supreme Court by bonsai_spool on Friday February 20, 2026 @12:52PM (#47091318)
> Weren’t Sotomator and Jackson the same with Biden? Kagan is much more principled

Very respectfully, there is no comparison between Trump and Biden in this respect. Indeed, the court adopted a new legal concept, the Major Questions Doctrine, to limit Biden continuing the Trump student loan forbearance.

Re:Trump's global tariffs struck down by US Supreme Court by twoodfin on Friday February 20, 2026 @01:28PM (#47091791)
The Major Questions Doctrine has been a thing for decades:

https://en.wikipedia.org/wiki/Major_questions_doctrine

Re:Trump's global tariffs struck down by US Supreme Court by bonsai_spool on Friday February 20, 2026 @01:43PM (#47092019)
> The Major Questions Doctrine has been a thing for decades:

> https://en.wikipedia.org/wiki/Major_questions_doctrine

I've read the Wikipedia page before and also reviewed it before posting, but thanks for your insightful analysis.

Care to share when it was used in the majority before the current Roberts court?

Re:Trump's global tariffs struck down by US Supreme Court by tyre on Friday February 20, 2026 @02:16PM (#47092529)
FDA v. Brown & Williamson Tobacco Corp. is an example of the same principle without the name (afaik it wasn’t named that until later.)

Basically the FDA tried to use its powers to regulate drugs and devices to regulate nicotine (drug) via cigarettes (device.) The conservatives on the court said, in effect, “look obviously congress didn’t intend to include cigarettes as a medical device, come on.”

Then Congress passed a specific law allowing the FDA to regulate cigarettes. This is how it should work. If congress means something that’s a stretch, they should say so specifically.

Re:Trump's global tariffs struck down by US Supreme Court by bonsai_spool on Friday February 20, 2026 @02:33PM (#47092762)
I think that's a fair example but it had the wrinkle that an FDA commissioner explicitly changed what the Agency's position on tobacco regulation was [1].

I don't have as much time to offer a similar assessment of the first two 'official' Major Questions Doctrine cases in the Biden administration, but neither was nearly as contentious as the FDA reversing its prior position.

For this reason, I see this decision as an argument against an agency changing course from an accepted previous (but not Congressionally defined) perspective. However, Chevron—at least according to interviews with lawmakers responding to the 'MQD' usage—ran counter to what the supposed understanding of how agency work would function. Again, I can find primary sources later.

1. https://www.nytimes.com/2000/03/22/us/high-court-holds-fda-c...

Re:Trump's global tariffs struck down by US Supreme Court by hluska on Friday February 20, 2026 @02:42PM (#47092880)
> the court adopted a new legal concept

You phrased something very poorly. Someone replied and you moved the goalposts; claiming that you were actually referring to the majority using a concept. And now you’ve moved the goalposts again.

I don’t know why you’re doing backflips to avoid admitting that you were wrong.

Re:Trump's global tariffs struck down by US Supreme Court by bonsai_spool on Friday February 20, 2026 @05:30PM (#47094903)
> Indeed, the court adopted a new legal concept

I wasn't wrong - the first time the concept was named in a decision was in the Biden administration. It sounds like you're not actually reading any of these, or aware of this issue?

I do agree that the idea that some agency actions should be used appeared in the case OP cited. But it's obvious that SCOTUS is using this concept much more broadly now.

Re:Trump's global tariffs struck down by US Supreme Court by hluska on Sunday February 22, 2026 @08:28AM (#47110845)
Of course you don’t think you’re wrong. It’s obvious that you can’t admit you’re wrong - that was the point of my reply. The point was that you’re doing linguistic backflips and changing the subject to avoid admitting you’re wrong. And you’re still doing it.

A lot of people are capable of seeing through you.

Re:Trump's global tariffs struck down by US Supreme Court by twoodfin on Friday February 20, 2026 @09:02PM (#47096715)
Well, at this point the Roberts court has been a thing for decades so I’m not sure what distinction you’re driving at.
Re:Trump's global tariffs struck down by US Supreme Court by ruszki on Friday February 20, 2026 @12:47PM (#47091254)
You need to be cautious with the notion of “his votes go either way”. In Hungary, where I’m from, and a Trump kinda guy rules for 16 years, judges vote either way… but they vote against the government only when it doesn’t really matter for the ruling party. Either the government wants a scapegoat anyway why they cannot do something, or just simply nobody cares or even see the consequences. Like the propaganda newspapers are struck down routinely… but they don’t care because nobody, who they really care about, see the consequences of those. So judges can say happily that they are independent, yet they are not at all.

This fake independence works so well, that most Hungarians lie themselves that judiciary is free.

Re:Trump's global tariffs struck down by US Supreme Court by suzzer99 on Saturday February 21, 2026 @04:21AM (#47098975)
Well under that theory, this would have been a good time for Kavanaugh to go against Trump, since his vote didn't matter.
Re:Trump's global tariffs struck down by US Supreme Court by brendoelfrendo on Friday February 20, 2026 @01:39PM (#47091947)
Kavanaugh votes either way, but I don't think this is out of principle... I just think he's just kind of an idiot and thinks he can write a justification for just about any of his biases without making those biases obvious. It's kind of apparent if you read his opinions; they tend to be very verbose (his dissent here is 63 pages!) without saying a whole lot, and he gets sloppy with citations, selectively citing precedent in some cases while others he simply hand-waves. Take his opinion in Noem v. Vasquez Perdomo (the "Kavanaugh stop" case): there's a reason why no one joined his concurrence.
Re:Trump's global tariffs struck down by US Supreme Court by legitster on Friday February 20, 2026 @02:12PM (#47092463)
Kavanaugh strikes me as principled, but in kind of a Type-A, "well, actually" sort of way where he will get pulled into rabbit holes and want to die on random textual hills.

He is all over the map, but not in a way that seems consistent or predictable.

Re:Trump's global tariffs struck down by US Supreme Court by llbeansandrice on Friday February 20, 2026 @04:12PM (#47094045)
His dissent in this case was basically "Don't over turn the tariffs because it will be too hard to make everyone whole" Which doesn't strike me as "principled" at all.

Wasn't it JFK who said "We choose to Not do these things bc they're kinda hard actually"? /s

Re:Trump's global tariffs struck down by US Supreme Court by dboreham on Friday February 20, 2026 @04:34PM (#47094298)
This is nonsense, and the same nonsense as we heard in the insurrectionist ruling. Allowing fascism "Because it's inconvenient to do otherwise" is bonkers.
Re:Trump's global tariffs struck down by US Supreme Court by malfist on Friday February 20, 2026 @05:40PM (#47095006)
Your misbehavior is so egregious we have to reward you for it
Re:Trump's global tariffs struck down by US Supreme Court by Rapzid on Friday February 20, 2026 @04:42PM (#47094396)
That is not the thrust of his argument; he believes they were legal. I don't think we need people spreading this uninformed meme all over HN.
Re:Trump's global tariffs struck down by US Supreme Court by metalliqaz on Friday February 20, 2026 @03:08PM (#47093208)
His reputation will be forever tarnished by "Kavanaugh stops"
Re:Trump's global tariffs struck down by US Supreme Court by throw0101a on Friday February 20, 2026 @04:01PM (#47093900)
That the the four sexual assault allegations (Thomas had "only" one during his nomination):

* https://en.wikipedia.org/wiki/Brett_Kavanaugh#Sexual_assault...

[dead]
Re:Trump's global tariffs struck down by US Supreme Court by jonathanstrange on Friday February 20, 2026 @12:36PM (#47091093)
What liberal justices do has no bearing on OP's argument at all. You must be able to recognize the fallacy?
Re:Trump's global tariffs struck down by US Supreme Court by bluedays on Friday February 20, 2026 @12:33PM (#47091058)
Why are conservatives always so angry?
Re:Trump's global tariffs struck down by US Supreme Court by Refreeze5224 on Friday February 20, 2026 @12:53PM (#47091339)
Constant fear.
Re:Trump's global tariffs struck down by US Supreme Court by geoka9 on Friday February 20, 2026 @05:27PM (#47094868)
Why do angry people tend to lean conservative?
Re:Trump's global tariffs struck down by US Supreme Court by hinkley on Friday February 20, 2026 @12:56PM (#47091385)
Thomas isn’t a hack, he’s a shill. And he’s not even trying to be subtle about it. He’s somebody’s bitch and he literally drives around in the toys they bought for him as compensation.

If any justice deserves to be impeached it’s him. I can’t believe they approved him in the first place. Anita Hill sends her regards.

Re:Trump's global tariffs struck down by US Supreme Court by MaysonL on Friday February 20, 2026 @02:45PM (#47092913)
I remember being shocked, albeit not surprised, when I read that he had quite a lot of contact with Ron de Santis.

https://americanoversight.org/email-suggests-that-supreme-co...

Re:Trump's global tariffs struck down by US Supreme Court by dyauspitr on Friday February 20, 2026 @03:10PM (#47093225)
But the toys are so cheap. It can’t possibly be just a matter of the money, there has to be some blackmail involved. Either that or he was always self hating.
Re:Trump's global tariffs struck down by US Supreme Court by evan_ on Friday February 20, 2026 @03:31PM (#47093493)
Why would there need to be bribery or blackmail involved? He's ideologically aligned with the goals of the republican party.

His patrons lavish him with gifts because they don't want him to retire, not because they want a specific ruling.

Re:Trump's global tariffs struck down by US Supreme Court by hinkley on Friday February 20, 2026 @04:24PM (#47094171)
It’s the same thing.

Keep doing exactly what we want you to do, or the money goes to someone who will.

Which is also a message to the rest.

Re:Trump's global tariffs struck down by US Supreme Court by hinkley on Friday February 20, 2026 @04:23PM (#47094159)
He was gifted a motor coach worth $80,000, and that’s just one of the bigger things he can’t launder.
Re:Trump's global tariffs struck down by US Supreme Court by Rapzid on Friday February 20, 2026 @04:50PM (#47094489)
Then why accept them and face the embarrassment of being found out not reporting them properly?

You are correct compared to the $320k/year salary these empty nesters pull these things seem not that expensive. So why not just save up and buy them himself?

Yes, RED FLAG. Because apparently he likes nice things and spending money so much he can't seem to afford them himself or forgo the gifts and spare himself the scandal.

Re:Trump's global tariffs struck down by US Supreme Court by RetpolineDrama on Friday February 20, 2026 @01:59PM (#47092266)
Extremely biased comment.

The SC ruling today:

1) Does not stop the president from enacting tariffs, at all. The dissents even spelled out that no actual change would come from this ruling.

2) The ruling creates the absurd scenario where the president can (under this specific law) totally ban ALL imports from a country on whim, but not partially via tariffs. It's akin to being able to turn the AC on or off, but not being allowed to set the temperature.

As usual, interesting discussion about the nuances of this ruling are happening on X. Reddit and HN comments are consistently low-signal like the above.

Re:Trump's global tariffs struck down by US Supreme Court by tyre on Friday February 20, 2026 @02:07PM (#47092394)
It’s not an absurd scenario. The law was written specifically to allow blocking imports from a country.

The nuance is that nothing Congress passed granted to right to tax. Additionally, they did grant the power to partially block imports. Nothing says you have to enact “no imports from Japan” vs. “no imports of networking equipment from Lichtenstein.”

Re:Trump's global tariffs struck down by US Supreme Court by RetpolineDrama on Friday February 20, 2026 @03:02PM (#47093127)
>The law was written specifically to allow blocking imports from a country.

The precise wording is regulate. The idea that "regulate" means you can turn it on or off with no in-between is beyond parody. Absurd. Hilarious. Farcical.

That said the headline is misleading and should be renamed, nothing is changing from this ruling.

Re:Trump's global tariffs struck down by US Supreme Court by Starman_Jones on Friday February 20, 2026 @04:25PM (#47094188)
The precise wording is

"investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit..."

Re:Trump's global tariffs struck down by US Supreme Court by mexicocitinluez on Friday February 20, 2026 @03:58PM (#47093863)
> discussion about the nuances of this ruling are happening on X

I'm sure they are lol.

Re:Trump's global tariffs struck down by US Supreme Court by DiogenesKynikos on Friday February 20, 2026 @08:55PM (#47096670)
If you listen to the oral arguments, this issue was discussed at length.

There are two reasons for this distinction:

1. That's what congress decided. They get to determine tariffs, not the president. If the president doesn't like the law congress passed, he doesn't get to just ignore it.

2. Congress is very jealous of the right to tax and spend. They do not want to hand over this power to the president. Tariffs are taxes. If the president can just impose whatever tariffs he wants, he can raise revenue without asking congress for permission. That would grant the president enormous power to go around congress. Banning imports from a country does not bring in revenue for the president, so it doesn't pose the same risk to congress' power.

Trump has been trying to create a situation in which he can both raise revenue (through tariffs) and spend it however he wants (e.g., through DOGE's arbitrary changes to government spending) without ever asking congress. If he succeeds, the balance of power will be completely destroyed. The president will rule alone.

Re:Trump's global tariffs struck down by US Supreme Court by Freedom2 on Friday February 20, 2026 @11:45PM (#47097584)
> As usual, interesting discussion about the nuances of this ruling are happening on X.

@grok is this true

Re:Trump's global tariffs struck down by US Supreme Court by pdpi on Friday February 20, 2026 @02:11PM (#47092451)
> For many years I wanted to believe they had a consistent and defensible legal viewpoint, even if I thought it was misguided.

Watching from across the Atlantic, I was always fascinated by Scalia's opinions (especially his dissents). I usually vehemently disagreed with him on principle (and I do believe his opinions were principled), but I often found myself conceding to his points, from a "what is and what should be are different things" angle.

Re:Trump's global tariffs struck down by US Supreme Court by Nicook on Friday February 20, 2026 @02:39PM (#47092852)
Scalia wrote some really interesting opinions for sure. Feel like the arguments are only going to get worse :(
Re:Trump's global tariffs struck down by US Supreme Court by tialaramex on Friday February 20, 2026 @10:50PM (#47097306)
Because in practice the US Supreme Court is a partisan body, the United States is deprived of the potential for excellent jurists you'd expect with a population of hundreds of millions and some of the world's best law schools. Only a subset of your best will exhibit the desired partisan skew.

Despite the larger population and improved access, my guess is that the quality of Supreme Court Justices today is probably worse than in 1927 when it decided Buck v Bell (which says it's fine for states to have a policy where they sterilize "unfit" citizens, straight up Eugenics)

Re:Trump's global tariffs struck down by US Supreme Court by 0xDEAFBEAD on Saturday February 21, 2026 @03:31AM (#47098701)
How would you suggest selecting jurists in a way that doesn't introduce partisan incentives?
Re:Trump's global tariffs struck down by US Supreme Court by tialaramex on Saturday February 21, 2026 @05:21AM (#47099337)
Given that the current system maximises partisan bias, it's actually hard to do worse.

Ideally you'd want to reform this hierarchically, but supposing we can only fix that final court, you want say a committee consisting of roughly a couple of academics who've taught this stuff, a couple of real on-the-ground attorneys who've argued before this court, a couple of retired judges from this court (if it had age limits, but today it does not) or the courts below it who've done this job, and five otherwise unconnected citizens (no specific business before any court now or expected) chosen at random the way most countries pick their juries.

That committee is to deliver a list of several people best qualified to fill any vacancies on the court which arise before the next committee does the same, if such a vacancy arises you just go down the list.

Re:Trump's global tariffs struck down by US Supreme Court by 0xDEAFBEAD on Saturday February 21, 2026 @08:56AM (#47100893)
>roughly a couple of academics who've taught this stuff, a couple of real on-the-ground attorneys who've argued before this court

How are these members of the committee chosen then? Seems like you're just moving the problem around, if choice of committee member is also subject to partisan incentives.

Re:Trump's global tariffs struck down by US Supreme Court by roryirvine on Saturday February 21, 2026 @06:15AM (#47099697)
It would be worth looking at how other countries with comparable legal systems do it.

Eg., members of the Supreme Court of the UK are appointed by the King on the advice of the Prime Minister. The Prime Minister is required by law to recommend the person nominated by an independent commission.

The selection must be made on merit, in accordance with the qualification criteria of section 25 of the Act, of someone not a member of the commission, ensuring that the judges will have between them knowledge and experience of all three of the UK's distinct legal systems, having regard to any guidance given by the Lord Chancellor, and of one person only.

https://en.wikipedia.org/wiki/Justice_of_the_Supreme_Court_o...

This seems to work fairly well and, although specific decisions are argued over as part of normal political discourse, it is generally seen as being non-partisan.

Ireland (which also has a common law legal system) has a similar setup, with the President appointing supreme court justices based on the recommendation of the government who, in turn, are advised by an independent panel. That advice is technically not legally binding, so this is in theory a less-strictly non-partisan system - but in practice it works out about the same.

Re:Trump's global tariffs struck down by US Supreme Court by 0xDEAFBEAD on Saturday February 21, 2026 @08:58AM (#47100909)
If creation of independent nonpartisan panels is so easy, why not just have such a panel govern the entire country?

Any country which struggles to appoint justices in a nonpartisan way will also struggle to assemble a panel in a nonpartisan way, I think.

Re:Trump's global tariffs struck down by US Supreme Court by wasimanitoba on Saturday February 21, 2026 @09:38AM (#47101247)
I think the difference is that you can specify independently verifiable criteria for the selection process and require participants to decide based on those criteria alone without forcing them to become political actors who must directly bear the consequences of political decisions.

Not totally immune to issues of partisanship, but at least somewhat insulated.

Re:Trump's global tariffs struck down by US Supreme Court by 0xDEAFBEAD on Saturday February 21, 2026 @09:51AM (#47101366)
OK, so what criteria would you specify?

BTW, the original intent of the Electoral College in the United States was pretty similar to this. Electors were supposed to be independent actors exercising their independent judgement in selection of the president. It wasn't sustainable for long.

Re:Trump's global tariffs struck down by US Supreme Court by bubblewand on Saturday February 21, 2026 @10:20AM (#47101597)
This understates the failure: it was about as close to “immediate” as it could be. The whole structure was pointless just about as soon as the new state began to operate.

The electoral college is basically an appendix, except it was never a useful organ. It malfunctioned completely, right out of the gate.

Re:Trump's global tariffs struck down by US Supreme Court by 0xDEAFBEAD on Saturday February 21, 2026 @10:47AM (#47101839)
Sure, so that suggests that these so-called "independent nonpartisan panels" are likely to fail immediately as well. It illustrates the principle that good intentions are no match for incentives.
Re:Trump's global tariffs struck down by US Supreme Court by rvba on Sunday February 22, 2026 @04:52PM (#47115121)
I actually agree with you that the independant commission can lead to partisanship with extra steps.

Possibility to beat this deadlock: one party picking few candidates from the commission and OTHER party (parties) accepting one of them. Still can lead to "choose the lowest evil" and I can imagine Repiblicans not accepting anyone of Democrata were ruling.

Re:Trump's global tariffs struck down by US Supreme Court by gcanyon on Saturday February 21, 2026 @09:43AM (#47101282)
It works fairly well because your PM and King aren't complete loons. At the end of the process there has to be someone making decisions, and when that person is a narcissistic 8-year-old in an 80-year-old's body, bad things are going to happen no matter how the system is written.
Re:Trump's global tariffs struck down by US Supreme Court by Rapzid on Friday February 20, 2026 @04:38PM (#47094333)
Amy Coney Barrett has somewhat taken up the mantel, but her legal reasoning is probably superior.

Thomas wants to pretend he's the OG originalist, but I don't think he is anywhere near Barrett's peer.

Re:Trump's global tariffs struck down by US Supreme Court by jasondigitized on Friday February 20, 2026 @02:30PM (#47092703)
When all of your decisions can be predetermined without even knowing the context of the matter you are surely a hack. It goes like this.....'Does this matter benefit Trump, corporations, rich people or evangelicals?'. Yes? Alito and Thomas will argue its lawful. Every single time.
Re:Trump's global tariffs struck down by US Supreme Court by Andrex on Friday February 20, 2026 @09:47PM (#47096988)
The dissent seems to be "Ignoring whether or not the President acted lawfully, it would sure create an awful big mess if we undid it. And he's gonna try again anyways, and maybe even succeed in that future attempt, creating an even bigger mess. So for these reasons, it shouldn't be undone."

Curious if others have different readings.