Ian Millhiser

So, you know, it's not like they all stood up and said, verily, we three judges intend to strike down the tariffs, and you can, you know, reporters can listen to us say this and know with certainty what's going to happen. But it sounded more like the sort of hearing that the government loses in than it sounded like the kind of hearing where the government wins.

So, you know, it's not like they all stood up and said, verily, we three judges intend to strike down the tariffs, and you can, you know, reporters can listen to us say this and know with certainty what's going to happen. But it sounded more like the sort of hearing that the government loses in than it sounded like the kind of hearing where the government wins.

So, you know, it's not like they all stood up and said, verily, we three judges intend to strike down the tariffs, and you can, you know, reporters can listen to us say this and know with certainty what's going to happen. But it sounded more like the sort of hearing that the government loses in than it sounded like the kind of hearing where the government wins.

That said, I would be stunned if this doesn't go to the Supreme Court. The U.S. Court of International Trade, like, you know, these are experts on trade. I was impressed by the professionalism of the judges that I heard hearing the case yesterday. Right. But these are obscure officials.

That said, I would be stunned if this doesn't go to the Supreme Court. The U.S. Court of International Trade, like, you know, these are experts on trade. I was impressed by the professionalism of the judges that I heard hearing the case yesterday. Right. But these are obscure officials.

That said, I would be stunned if this doesn't go to the Supreme Court. The U.S. Court of International Trade, like, you know, these are experts on trade. I was impressed by the professionalism of the judges that I heard hearing the case yesterday. Right. But these are obscure officials.

We generally don't want rando trade policy walks to be deciding the most important political questions for the United States. Generally, that's a matter that we want the big hitters to be brought in. And in this case, the big hitters are, unfortunately, the Supreme Court justices. So I'm fairly confident that this is going to go up to the Supreme Court eventually.

We generally don't want rando trade policy walks to be deciding the most important political questions for the United States. Generally, that's a matter that we want the big hitters to be brought in. And in this case, the big hitters are, unfortunately, the Supreme Court justices. So I'm fairly confident that this is going to go up to the Supreme Court eventually.

We generally don't want rando trade policy walks to be deciding the most important political questions for the United States. Generally, that's a matter that we want the big hitters to be brought in. And in this case, the big hitters are, unfortunately, the Supreme Court justices. So I'm fairly confident that this is going to go up to the Supreme Court eventually.

Yeah. So this statute is a little different than a lot of the other emergency statutes. This one – and I'm just going to – again, I'm going to read it again. It says that the powers that Trump is invoking here can only be used to, quote, deal with an unusual and extraordinary threat with respect to which a national emergency has been declared.

Yeah. So this statute is a little different than a lot of the other emergency statutes. This one – and I'm just going to – again, I'm going to read it again. It says that the powers that Trump is invoking here can only be used to, quote, deal with an unusual and extraordinary threat with respect to which a national emergency has been declared.

Yeah. So this statute is a little different than a lot of the other emergency statutes. This one – and I'm just going to – again, I'm going to read it again. It says that the powers that Trump is invoking here can only be used to, quote, deal with an unusual and extraordinary threat with respect to which a national emergency has been declared.

Now, I read that and I hear there are two things that needs to happen. One is that the president needs to declare an emergency. He's done that. I don't think the courts can review that, and that's fine. But the second thing is that the statute also says that whatever he's reacting to actually has to be an unusual and extraordinary threat.

Now, I read that and I hear there are two things that needs to happen. One is that the president needs to declare an emergency. He's done that. I don't think the courts can review that, and that's fine. But the second thing is that the statute also says that whatever he's reacting to actually has to be an unusual and extraordinary threat.

Now, I read that and I hear there are two things that needs to happen. One is that the president needs to declare an emergency. He's done that. I don't think the courts can review that, and that's fine. But the second thing is that the statute also says that whatever he's reacting to actually has to be an unusual and extraordinary threat.

So, I mean, I don't know what the courts are going to do here. Maybe they're going to start second-guessing every emergency declaration that a president makes, and I don't really think that would be a good idea. Because a lot of the time these statutes, again, they aren't really about like, is this something that you and I would call an emergency?

So, I mean, I don't know what the courts are going to do here. Maybe they're going to start second-guessing every emergency declaration that a president makes, and I don't really think that would be a good idea. Because a lot of the time these statutes, again, they aren't really about like, is this something that you and I would call an emergency?

So, I mean, I don't know what the courts are going to do here. Maybe they're going to start second-guessing every emergency declaration that a president makes, and I don't really think that would be a good idea. Because a lot of the time these statutes, again, they aren't really about like, is this something that you and I would call an emergency?

They're about, is this so important that it warrants the president's personal attention? And I don't know that we want courts getting involved in making those calls. But in this case, this statute says two things have to happen. It's not just that the president has to declare an emergency. It's that there has to actually be an extraordinary and unusual threat.

They're about, is this so important that it warrants the president's personal attention? And I don't know that we want courts getting involved in making those calls. But in this case, this statute says two things have to happen. It's not just that the president has to declare an emergency. It's that there has to actually be an extraordinary and unusual threat.