1 00:00:00,560 --> 00:00:11,000 Speaker 1: Legal stu, legal staff, crime punishment judges, legal stuff, legal staffs. 2 00:00:13,119 --> 00:00:18,319 Speaker 2: Supreme Court handed Trump a loss today by a six 3 00:00:18,400 --> 00:00:22,400 Speaker 2: to three vote. The Supreme Court struck down the tariffs 4 00:00:23,000 --> 00:00:26,880 Speaker 2: that Donald Trump was implementing for the United States against 5 00:00:26,880 --> 00:00:31,400 Speaker 2: other countries. It was Justice as Clarence Thomas, Alito, and 6 00:00:31,520 --> 00:00:36,479 Speaker 2: Cavanol that were the three that dissented. So long story 7 00:00:36,520 --> 00:00:41,879 Speaker 2: short here Trump used this nineteen seventy seven Act to 8 00:00:42,320 --> 00:00:47,120 Speaker 2: justify the tariffs. Well, the Supreme Court came out and said, look, 9 00:00:47,240 --> 00:00:50,120 Speaker 2: this seventy seven Act means that the president has the 10 00:00:50,120 --> 00:00:55,720 Speaker 2: ability to regulate imports, but not put on tariffs because 11 00:00:55,720 --> 00:00:59,680 Speaker 2: that's considered a tax yep and therefore that has to 12 00:00:59,680 --> 00:01:01,080 Speaker 2: go through Congress. 13 00:01:01,200 --> 00:01:05,840 Speaker 3: Revenue raising taxation. And that's what they're saying. So it's 14 00:01:05,880 --> 00:01:08,240 Speaker 3: a check on presidential powers. I don't know if I 15 00:01:08,280 --> 00:01:11,720 Speaker 3: agree with it, but the economy seems to be doing 16 00:01:12,040 --> 00:01:15,399 Speaker 3: very well right now under what Donald Trump is doing. 17 00:01:15,600 --> 00:01:19,480 Speaker 2: One of the legal analysts at Fox is Shannon Breen. 18 00:01:21,240 --> 00:01:23,560 Speaker 4: Initially, what it says, we know it's authored the primary 19 00:01:23,600 --> 00:01:27,600 Speaker 4: opinion by the Chief Justice and says essentially that this AEPA, 20 00:01:27,680 --> 00:01:31,480 Speaker 4: this law that grants the president emergency powers did not. 21 00:01:31,800 --> 00:01:34,320 Speaker 4: It looks like by this first blush reading by Justice 22 00:01:34,920 --> 00:01:38,200 Speaker 4: the Chief Justice here does not give him the power 23 00:01:39,000 --> 00:01:42,240 Speaker 4: to levy these terrorists that he's levy. The part of 24 00:01:42,280 --> 00:01:46,520 Speaker 4: this initial opinion says the words regulate an importation. The 25 00:01:46,560 --> 00:01:49,640 Speaker 4: President says that gives him the independent power to impose 26 00:01:49,680 --> 00:01:53,400 Speaker 4: tariffs on imports from any country, any product, any rate, anytime. 27 00:01:53,840 --> 00:01:56,000 Speaker 4: These words, it says, cannot bear such weight. 28 00:01:57,240 --> 00:02:02,480 Speaker 2: So unlike others court rulings, this isn't the end all 29 00:02:02,560 --> 00:02:05,840 Speaker 2: to be all on tariffs. If Donald Trump wanted to, 30 00:02:05,920 --> 00:02:08,880 Speaker 2: he could try to find another loophole, but it would 31 00:02:08,880 --> 00:02:12,519 Speaker 2: probably take at least up to a year, maybe longer 32 00:02:12,919 --> 00:02:16,480 Speaker 2: to get that out there, line it all up, get 33 00:02:16,480 --> 00:02:19,280 Speaker 2: it to the point to where he wants to implement it. 34 00:02:19,680 --> 00:02:22,680 Speaker 2: So this was a pretty big setback for Trump. Here 35 00:02:22,720 --> 00:02:24,680 Speaker 2: is legal expert Jonathan Turley. 36 00:02:25,280 --> 00:02:28,400 Speaker 5: It is indeed, and this is what some of us predicted. 37 00:02:28,639 --> 00:02:33,160 Speaker 5: This was a case where the administration was at a disadvantage. 38 00:02:33,360 --> 00:02:36,960 Speaker 5: AJIPA does not refer to tariffs, and tariffs are a 39 00:02:36,960 --> 00:02:39,760 Speaker 5: big deal under the Constitution. It's a critical form of 40 00:02:39,800 --> 00:02:44,080 Speaker 5: revenue that is left to Congress. And I thought that 41 00:02:44,120 --> 00:02:47,480 Speaker 5: the administration did a terrific job in front of the 42 00:02:47,480 --> 00:02:50,320 Speaker 5: Supreme Court. They could not have argued this case veteran 43 00:02:50,320 --> 00:02:53,680 Speaker 5: my view, but you can't really escape that language. And 44 00:02:53,840 --> 00:02:56,920 Speaker 5: right out of the bat when that oral argument began, 45 00:02:57,200 --> 00:03:01,560 Speaker 5: the Chief Justice John Roberts said, this is a tax. 46 00:03:01,919 --> 00:03:06,720 Speaker 5: And you can almost hear the administration gulping because that's 47 00:03:06,840 --> 00:03:11,880 Speaker 5: not what they wanted the justices to take from their argument. 48 00:03:12,360 --> 00:03:15,480 Speaker 5: But Roberts and others clearly view this as a tax 49 00:03:15,840 --> 00:03:17,280 Speaker 5: that rests with Congress. 50 00:03:17,880 --> 00:03:22,240 Speaker 3: Yeah, get raise taxes unless it's through Congress. And that's 51 00:03:22,240 --> 00:03:23,560 Speaker 3: what they're saying these tariffs do. 52 00:03:24,320 --> 00:03:28,919 Speaker 2: Now, what's interesting here is that it sounds like refunds 53 00:03:29,080 --> 00:03:31,360 Speaker 2: are going to have to be given to the countries 54 00:03:31,360 --> 00:03:34,400 Speaker 2: that have been hit with the tariffs. So what's that 55 00:03:34,480 --> 00:03:38,840 Speaker 2: going to do to the economy. Already, we've learned that 56 00:03:38,880 --> 00:03:42,960 Speaker 2: when the government shutdowns take place, it's not ideal for 57 00:03:43,040 --> 00:03:46,320 Speaker 2: the economy. No, we just got a great jobs report, 58 00:03:46,520 --> 00:03:50,600 Speaker 2: we got a great GDP report, the forecast looks great. 59 00:03:51,160 --> 00:03:55,440 Speaker 2: But here comes government shutdown, albeit a partial it's here 60 00:03:55,800 --> 00:03:59,160 Speaker 2: and now refunds having to be given on the tariffs. 61 00:03:59,400 --> 00:04:02,280 Speaker 2: I don't want anything to get squirrely with what appears 62 00:04:02,320 --> 00:04:05,520 Speaker 2: to be some positive momentum with his economy right now, 63 00:04:06,280 --> 00:04:09,240 Speaker 2: and the refunds process is going to be a pain 64 00:04:09,320 --> 00:04:10,680 Speaker 2: in the butt. It really is. 65 00:04:11,280 --> 00:04:11,440 Speaker 5: Now. 66 00:04:11,480 --> 00:04:15,240 Speaker 2: What I thought was interesting, Nige was that Rand Paul 67 00:04:15,720 --> 00:04:20,000 Speaker 2: came out and it's his understanding that, all right, if 68 00:04:20,000 --> 00:04:22,280 Speaker 2: this is the rule of law, if this is how 69 00:04:22,279 --> 00:04:26,680 Speaker 2: it is, that means if a socialist is ever elected president, 70 00:04:27,040 --> 00:04:31,839 Speaker 2: they can't just implement their socialism without the approval of Congress. 71 00:04:32,480 --> 00:04:37,560 Speaker 2: So if AOC or Bernie or Mam Domi, if you 72 00:04:37,600 --> 00:04:39,800 Speaker 2: ever wanted to run for the White House, if they 73 00:04:39,839 --> 00:04:42,280 Speaker 2: were ever to be elected, they couldn't just snap their 74 00:04:42,279 --> 00:04:45,839 Speaker 2: fingers and say, hello, socialism. It's got to be through Congress. 75 00:04:45,880 --> 00:04:47,840 Speaker 3: They could if they would, or they would if they 76 00:04:47,839 --> 00:04:49,200 Speaker 3: could one hundred percent