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Emily Bazelon

๐Ÿ‘ค Speaker
342 total appearances

Appearances Over Time

Podcast Appearances

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

Sure thing.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

Yeah, I mean this is an important decision.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

First of all, it's an important decision because President Trump made it a really big deal.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

He cares enormously about tariffs.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

We all have gotten that message.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

And so for the court to say no to him and to turn him back is a serious exercise of its power.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

And I think there's another couple reasons why this decision matters a lot.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

One is just the sort of basics of what the court is doing here.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

Just as a matter of like basic statutory interpretation, which is a lot of what courts do, I think the majority's rejection of the Trump administration's reading of the statute is pretty clearly the better reading.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

At the same time, there is an argument on the other side.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

I mean, Justice Kavanaugh's dissent scores some points.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

And so because there is some law on both sides, the fact that

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

This six to three majority, which includes three conservatives, is rejecting President Trump's reading becomes sort of even more important, like they could have gone in a different direction and they didn't.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

And then I think the third thing that's important here is that this ruling is consistent with the court's approach to some emergency powers that President Biden tried to use.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

So the court rejected Biden's efforts to use broad emergency statutes for certain COVID restrictions and also to forgive student loans.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

And so to see the court here resolve a case similarly against a different president is

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

matters in terms of, I think, the country's perception of whether the court is being fair.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

If you're just looking at the words of the statutes, you could decide to come out differently.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

But the overarching message here, I think, is really important for the accusation that the Supreme Court has just like turned into a bunch of hacks who do whatever Trump wants.

The Opinions
After a Big Loss, What to Expect From Trump at the State of the Union

This seems like a pretty clear response to that, not a direct response, but the court making clear that it does not necessarily just knuckle under when Trump expects it to.

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