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Jeff Guo

๐Ÿ‘ค Speaker
588 total appearances

Appearances Over Time

Podcast Appearances

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

So these laws, they were mostly created during the Cold War to give the president economic powers to, you know, deal with all that Cold War stuff.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

But for decades, through the 90s and 2000s, they weren't really used that much.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

After Trump was elected for his first term, he started using some of these three-digit laws, mostly Section 301 and Section 232, to create new tariffs.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

The Supreme Court's latest decision doesn't touch any of the tariffs created under those three-digit laws.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

But if you are a president who loves sweeping tariffs, most of these three-digit laws have a major limitation.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

Most of them only let you create specific targeted tariffs.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

For instance, Section 232 is all about protecting national security.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

So if the Supreme Court would let the president use IEPA like he wanted to use it, he could create a bunch of tariffs with just the stroke of his pen.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

And now it seems like there really isn't any law that would give him that kind of power.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

He said Section 122.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

Yes.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

So what what is going on?

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

Kathleen says, yeah, welcome to Section 122.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

Has a president ever used Section 122 to make tariffs?

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

But Kathleen says a lot of trade law professors have been expecting Trump to turn to this Section 122 law at some point.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

And there is a big caveat here, which is that tariffs created under Section 122, they are supposed to expire after 150 days.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

It sounds like law professors have already kind of had hypothetical fights about this hypothetical use of this law.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

Now, for Cara Dyer, the business owner from earlier, who, by the way, sells toys, all of this tariff whiplash is so exhausting to think about.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

And she was hopeful that maybe China or the Chinese manufacturers she worked with would help chip in.

Planet Money
The Supreme Court struck down a bunch of Trump's tariffs. Now what?

Kara ended up switching suppliers.