Told Ya’! Tangerine Is No King; Take A Seat, Son.

I am mostly off-grid, but had to laugh here, that a panel of federal judges just tonight ruled Tangerine 2.0's highest tariffs are wildly outside his authority to act alone, without comprehensive new Acts of Congress. Ones he will never secure.

Just as we said two weeks ago. Stick a fork in him; he's done:

. . .Congress [has] reformed the President's emergency powers. As part of this reform, Congress cabined the President's powers under TWEA to wartime. See Amendments to the Trading with the Enemy Act, Pub. L. No. 95-223, § 101-03, 91 Stat. 1625, 1625-26 (1977) ("[TWEA] is amended by striking out 'or during any other period of national emergency declared by the President' in the text preceding subparagraph (A)."). Congress also enacted a new statute, IEEPA, to confer "upon the President a new set of authorities for use in time of national emergency which are both more limited in scope than those of [TWEA] and subject to more procedural limitations, including those of the National Emergencies Act." Comm. on Int'l Rels., Trading with the Enemy Act Reform Legislation, H.R. Rep. No. 95-459, at 2 (1977); see also International Emergency Economic Powers Act, Pub. L. No. 95-223, § 201-08, 91 Stat. 1625, 1626-29 (1977) (codified as amended at 50 U.S.C. §§ 1701-10). Congress drew much of the relevant language in IEEPA from TWEA, including language authorizing the President to "regulate. . . importation. . . of. . . any property in which any foreign country or a national thereof has any interest by any person... subject to the jurisdiction of the United States. . ." 50 U.S.C. § 1702(a)(I)(B). . . .

The court concludes. . . that the question of the scope of § 1701 is (1) a justiciable question of statutory construction that (2) resolves in favor of Plaintiffs' contention that the Trafficking Tariff Orders do not "deal with an unusual and extraordinary threat." 50 U.S.C. § 1701(b). Those Orders thus lie outside the bounds of Congress's delegation of authority to the executive branch. . . .

Geez -- what an incompetently malignant yutz. Onward -- he has appealed will appeal -- and will lose. The law is crystal clear, since the time of Nixon.

नमस्ते