Tariff's Found Illegal, but Will Stay for Now
Original: Tariff's found illegal, but will stay for now
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A US appeals court has ruled that Trump's global tariffs are illegal, yet they'll remain in place for now, sparking a lively debate about the implications. Commenters are weighing in on the potential for lawsuits to claw back unlawful tariffs paid, with some pointing out that the US government has already waived sovereign immunity in such cases. While some see a potential YC startup opportunity in helping companies recover their tariff payments, others are frustrated by the court's decision to allow the tariffs to stand, citing constitutional concerns and the need for nullification or secession. The discussion highlights the complexities and contradictions of the US trade policy landscape.
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> Researchers at the Capital Economics consultancy said that if the Supreme Court agreed that Trump had abused his presidential powers the “Treasury would still need to return most of the now close to $100 billion in additional customs duties collected”. They added that countries and trading blocs, such as Britain and the European Union, could also “backtrack on any preliminary [trade] agreements”.
This actually happens quite a bit, so there are well-established procedures for this. It's just never happened on this scale before.
It’s about 2½ months after the elections in which the people that elect the President are elected, but that’s a whole separate election.
Realistically, unless there's either effectively a coup by the Electoral College, or an incredibly close election that needs to wait for recounts or a runoff (second) public election in one or more states to know who the president will be, the president is known after the public election even if the paperwork for the votes that technically elect them don't happen until a couple of months later. So I'd consider the comment you replied to to be more true than yours despite yours being technically more accurate.
One big difference is that in the UK the cabinet is made up of MPs, and the second biggest party in parliament has a shadow cabinet at all times; so when they get elected (and, although things may be different next election, UK has traditionally been a two party system so it's always either the current biggest or the second biggest party who will win the election) they basically have the heads of department already in place, ready to take over and start working with the large non-partisan civil service.
Compared to the US, where congress/senators (equivalent to our MPs, in that they're the politicians who just won their local elections) haven't spent the previous years working as "shadow secretary of health/defense/education/whatever" (and they're not the people those jobs will be filled by) and although the president elect may have put some thought into it before the election, they haven't yet finalised decisions and discussed with their candidate for those positions about actually hiring them.
And I'm not sure about the numbers but I think that the US has a larger amount of partisan civil servants (west wing staff and thousands of other presidential appointments across the various departments) compared to the UK where there are partisan advisers for government members, but a larger proportion of work/responsibilities rest with career civil servants who don't change when a new government gets elected.
There's also the potential for slow recounts or, in some states, the need for runoffs (aka a whole new election), which is why there's a gap between the public election and the Electoral College voting - if it were up to me, I'd definitely get rid of the whole concept of the Electoral College, it's ridiculous (see https://news.ycombinator.com/item?id=45072350 & my reply to it).
(I've simplified a few things, for example UK cabinet doesn't have to be entirely MPs it can also include peers from the House of Lords, such as when the current Labour government got elected the PM decided not to keep the MP who had been his Shadow Attorney General in that role, giving it to a Lord instead... but this comment is already too long, so I've left out various details / edge cases like that.)
There is a reason why faith in American judiciary is at an all time low. The government is doing illegal things with no repercussions. People are getting harmed. How can anyone trust the system?
I think you mean reek here.
https://www.brennancenter.org/our-work/analysis-opinion/supr...
Probably something about the energetic executive needing to have total discretion over what a fentanyl emergency is and how to mitigate it.
Can someone please fix the title? Apostrophes are not used like this.