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Posts Made By: James Brown

February 22, 2026 07:16 PM Forum: Politics

SCOTUS Decides Tariffs

Posted By James Brown

Originally Posted by Rod Kaufman


I KNEW Clarence and Sammy would rule in Trump's favor. If it had been Biden instead of Trump, they would have been their proverbial "originalists" that noted the tariffs issue, as per the constitution, resides in the purview of the congress in this case, and would have sided with the majority opinion.
I think this is a strong and proper separation of powers ruling. Regarding Clarence and Sammy, Rod, I only have one thing to add. This case is not unlike the student loan forgiveness cases where Biden clearly overstepped his authority and the court reined him in.

In the student loan cases, the three liberals on the court supported Biden‘s “creative” reading of the scope of executive authority under the appropriate statutes.   the three liberals on the court supported Biden‘s illegal power grab.  of course, Clarence and Sammy were in the majority that time appropriately arguing for a limitation on executive authority. The liberals on the court and Clarence/Sammy flipped in this case, Gorsuch called them to task in a separate opinion for their inconsistency.

So, in this one instance, if you want to call Clarence, Sammy, Keegan, Sotomayor, Ketanji-Brown, and Kavanaugh “political hacks” for their flip-flop on very similar executive authority cases. I am not going to argue with you.   You gotta call ‘em all out though.

February 22, 2026 07:26 PM Forum: Politics

Awesome Hockey Game!

Posted By James Brown

I’m not going to spoil anything but man the gold medal game between Canada and the USA was one for the ages. David, did you watch?

February 22, 2026 07:42 PM Forum: Politics

SCOTUS Decides Tariffs

Posted By James Brown

Here is a good summary of the various coalitions that formed within this case. Much better than the stuff you’ll read in the popular press.

https://www.scotusblog.com/2026/02/a-breakdown-of-the-courts-tariff-decision/

February 23, 2026 01:36 AM Forum: Politics

SCOTUS Decides Tariffs

Posted By James Brown

Originally Posted by Rod Kaufman

This case is nothing like the student loan case decided by SCOTUS:
 
Key Legal Reasoning of the Dissent (Justices Kagan, Sotomayor, Jackson):
"Lack of Standing: The dissent argued that the state of Missouri failed to show it was directly injured by the plan, noting that the state entity, MOHELA, is separate from the state government.
Clear Statutory Authority: They argued that the HEROES Act specifically gives the Secretary of Education broad, "sweeping" authority to manage student loans during emergencies, and that "modifying" the loans to include forgiveness falls within this power.
Misapplication of the Major Questions Doctrine: Justice Kagan argued that the majority was applying a "made-up" doctrine to invalidate a policy they simply disagreed with, rather than a genuine case of statutory ambiguity.
Separation of Powers: The dissenters argued that the majority was overstepping its judicial role and "exceeding its proper limited role in our nation's governance" by overriding the combined actions of the executive and legislative branches.
Contextual Interpretation: They emphasized that the COVID-19 pandemic was precisely the type of "national emergency" the 2003 HEROES Act was intended to cover."
SCOTUSblog

In the tariff case, also as per SCOTUSblog:

"Justice Thomas separately added that "neither statutory text nor the Constitution provide a basis for ruling against the President".    

(That's plainly wrong and all he had to do is read the constitution before making such an asinine  statement) .

"Broad Interpretation of IEEPA: The dissenters argued that the phrase "regulate... importation" in IEEPA (International Emergency Economic Powers Act) authorizes the president to impose tariffs, which they described as a "traditional and common tool" to manage imports during national emergencies, similar to quotas or embargoes."

(What "national emergency"??? There is no nation emergency as claimed by Trump).

"Text, History, and Precedent: Kavanaugh’s dissent, supported by Thomas and Alito, stated that as a matter of text, history, and precedent, the tariffs were clearly lawful."

(Once again, plainly wrong by merely reading the constitution which reserves the power on tariffs to congress.)
You are simply wrong. Each case involves a president interpreting a statute to give him authority that is beyond the most reasonable interpretation of the statute. The major cases doctrine is the same in each instance. The separation of powers questions are identical.

February 23, 2026 05:37 PM Forum: Politics

SCOTUS Decides Tariffs

Posted By James Brown

Originally Posted by Rod Kaufman

Ok, you're right as I looked into it a bit more and beyond that in the SCOTUS blog. HOWEVER, "The Supreme Court did not overrule tariffs. They merely overruled a particular use of IEPPA tariffs," Trump said. 
https://www.businessinsider.com/supreme-court-overturn-trump-tariffs-biden-student-loan-forgiveness-2026-2

Now, go argue with Trump!

PS: It is axiomatic that Clarence and Sammy are still hacks...
I am sure there are certain specific statutes which give the president some limited tariff authority in certain circumstances. Just like there may be some statute out there that gives the president limited authority to cancel student loan debt in certain circumstances. The key point is that the authority of the executive is limited by the scope of the statute. 

This dovetails nicely with our conversation with Russ the other day.   If we the people want our president to be able to cancel student loans in a broad and general manner, or if we want our president to have the authority to impose tariffs in a broad and general manner, it is our obligation to elect a federal legislature that will pass a broad statute specifically giving the president those powers.   These cases are brilliant examples of the legislature acting as a curb to executive overreach, enforced by the Court.   The system works.

February 24, 2026 12:43 AM Forum: Politics

SCOTUS Decides Tariffs

Posted By James Brown

Originally Posted by Rod Kaufman

Jim, what's your take on what Gorsuch has to say about the ruling:

https://thehill.com/homenews/5751497-gorsuch-criticizes-fellow-justices/
I think he is right that the left and right wings of the court have been inconsistent, and I am glad he called them on it.

February 24, 2026 05:04 PM Forum: Politics

Awesome Hockey Game!

Posted By James Brown

Originally Posted by I’m David Cotterell

I watched the women's and men's gold medal games.  Of course I'm disappointed but it isn't the end of the world.  

Overall I was not surprised the US women won - they have been a tad better than us for a couple of years now.  But sport will cycle with ups and downs and we could come back to the top.  What the US and Canadian women both must keep an eye  on are the Euro teams who are improving every year - it won't be long before the gold medal game will feature a Euro team.....

As for the men - your goalie stole it, plain and simple.  We out-played the US for the entire 2nd and 3rd periods out shot them by nearly double and missed two yawning empty nets - shoulda coulda woulda as we sometimes say.   Nice to see Kash Patel celebrating with the lads, though..... I'd like to see him on skates.

Dave
I agree completely. Canada definitely had amazing chances in the third.  I have mixed allegiance here, I wanted the USA to win, of course, but being a huge Avs fan I was thrilled to see MacKinnon and Makar start the overtime period for Colorado, oops, I mean Canada.   😃

March 5, 2026 03:38 PM Forum: Politics

Last night's eclipse

Posted By James Brown

Nice pics!   Thanks for posting.

March 5, 2026 03:42 PM Forum: Politics

Awesome Hockey Game!

Posted By James Brown

Originally Posted by Brian McFarland

It's just a shame that the men's team allowed themselves to be used as political props in Trump's clown show last Tuesday.
I didn’t watch the speech, but I’m puzzled by this comment.   Gold medalists and national champions have been celebrated by politicians of all stripes in Washington for years.  Of course the shameless politicians glom on to the athletes’ glory.  How many basketball teams did Obama have to the White House?  I don’t think anyone called them “props”.

There’s nothing all that political about it for the athletes.   It is part of the celebration of victory.   This slice of Americana does not get wiped away just because Trump is president.

March 10, 2026 02:01 AM Forum: Politics

This Didn't Age Well

Posted By James Brown

Originally Posted by Russ Carroll
Hahahahaha. I have too many friends that judge the Presidency based solely on gas prices.
In California? Your pals must hate them all.