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Trump’s PRESIDENCY FLASHES Before His EYES at SUPREME COURT

2025-11-13 News & Politics
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Legal AF
Legal AF
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SCOTUS Arguments Signal Trouble for Trump's Unilateral Tariff Authority

Discover why even Trump-appointed Supreme Court justices questioned the legal basis for sweeping, unilateral tariffs and what this signals for limiting executive overreach.

Short Summary

  • Justices rejected the argument that tariffs imposed under emergency powers are not taxes, encroaching on Congress's taxing authority.
  • The conservative court majority fears setting a precedent (the "goose and gander rule") usable by future Democratic administrations.
  • Expect a swift, narrowly tailored ruling striking down this unprecedented grab for executive power.

This discussion breaks down the November 5th Supreme Court oral arguments concerning President Trump's use of emergency authority to impose tariffs. Understanding the justices' skepticism reveals proposed limits being placed on executive actions that usurp Congress's constitutional powers over taxation and trade.

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Description

Attorneys Brian Kabateck and Shant Karnikian discuss the November 5th Supreme Court oral arguments that spelled trouble for Donald Trump's unilateral tariff declarations. Even Trump's own appointed justices—Gorsuch, Chief Justice Roberts, and Amy Coney Barrett—questioned his legal team's attempts to justify sweeping tariffs under emergency powers, with Barrett pointedly asking about supposed threats from countries like Spain and France. The hosts break down why Trump's Solicitor General John Sauer is fighting a losing battle trying to argue that tariffs aren't taxes, when justices from both sides of the bench clearly see through the argument. They explain the "goose and gander rule"—how conservative justices may be thinking ahead to when a Democrat holds the presidency and could use these same expanded powers. Brian and Shant also discuss the ironic revival of the non-delegation doctrine, a constitutional principle from the 1930s that originally targeted FDR's New Deal but now stands in Trump's way. The consensus: expect a quick ruling, likely narrowly written to shut down this unprecedented power grab while avoiding a logistical nightmare of refunding collected tariff revenue. Kabateck LLP: Call 1-844-74-CIVIL for a free case evaluation or visit us at https://www.kbklawyers.com/ Subscribe: https://www.youtube.com/@LegalAFMTN?sub_confirmation=1 Legal AF Substack: https://substack.com/@legalaf Follow Legal AF on Bluesky: https://bsky.app/profile/legalafmtn.bsky.social Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky.social Subscribe to the Legal AF by MeidasTouch podcast here: https://podcasts.apple.com/us/podcast/legal-af-by-meidastouch/id1580828595

Top Comments (10)

@Alexa-777-u9d 2025-11-13

I don't trust this court. I won't count on them making the right decision, until they actually make it.

107
@Nnoraa0987 2025-11-13

Please América end this nightmare

98 2 replies
@usapolice2626 2025-11-13

1:49 it’s unfortunate this Supreme Court is so corrupt we don’t even pretend there’s impartiality in the judiciary

65
@patrickoscheen4306 2025-11-13

nothing seems to end him...

39 3 replies
@cafereggio9-xj1cr 2025-11-13

It never should have gone so far! The Supreme Court needs to pay attention to ALL the abuses Trump has loop holed from bad , and very unpopular rulings. America knows about Alito and Thomas! This should rattle the cage of these conservatives on the court, because when democracy defeats fascism in America, they may face a jury of true justices.

28
@MariettaVerner-v4c1y 2025-11-13

Trump's tariffs & Trump don't give the foodstamps to poor💥what wrong with this!?! 🤬

21
@sixtyfoursquarefeet 2025-11-13

Love the Legal AF branching out. Didn’t like this for the first 2 minutes, but the expertise always shines with you guys eventually

20
@lamina566 2025-11-13

I think that this case represents "Taxation without Representation". Remember, one of the principles underpinning the reason for "Revolutionary War".

13
@julialynch9369 2025-11-13

What’s the “National Emergency?”

9
@mrpoizun 2025-11-13

Of course, even a win here is too late. Thousands of companies have already gone out of business and I mean long time successful companies.

8

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