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The John Batchelor Show

S8 Ep326: SUPREME COURT LIKELY TO STRIKE DOWN TRUMP TARIFFS Colleague Professor Richard Epstein. Epstein predicts the Supreme Court will invalidate the Trump administration's emergency tariffs, arguing there is no statutory basis for the trade imbalances cited as j

The John Batchelor Show

John Batchelor

Books, Society & Culture, News, Arts

4.62.7K Ratings

🗓️ 17 January 2026

⏱️ 7 minutes

🧾️ Download transcript

Summary

SUPREME COURT LIKELY TO STRIKE DOWN TRUMP TARIFFS Colleague Professor Richard Epstein. Epstein predicts the Supreme Court will invalidate the Trump administration's emergency tariffs, arguing there is no statutory basis for the trade imbalances cited as justification. He anticipates a fractured decision where a centrist block of justices joins liberals to rule that the executive branch exceeded its authority.
1870 CASTLE GARDEN

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I'm John Batchew with my good colleague Richard Epstein. We're at the court again, this time waiting for a decision, or what looks to be a decision, on the matter of tariffs applied by the

1:05.1

Trump administration as emergency because of trade imbalances. The court has had this for many weeks,

1:12.9

and the expectation,

1:19.4

certainly in the conservative camp, is that the court will strike down the tariffs because the quote from the NRA, it's NRO. It's very possible that the court fractures along multiple

1:26.6

lines in saying so. What does that mean, Richard, fract's very possible that the court fractures along multiple lines in saying so.

1:28.5

What does that mean, Richard, fractures?

1:30.6

Well, there are basically two ways that you can lose.

1:34.7

The first way to say to Trump is you look at the various statutes,

1:38.3

and they give no authorization whatsoever for tariffs.

1:41.3

The sanctions that could be imposed of a different order. You can order that

1:45.6

certain goods be removed from the market, for example, or stop certain kinds of activity.

1:50.5

That's one way. Another way is to say, oh, in some cases we do allow tariffs to be offered

1:55.1

under these statutes. But in this particular case, it's so egregious, it goes so far beyond

2:00.3

anything we've had.

2:01.6

So the closest case to this would be the Iranian claims case in which people were allowed to bring various kinds of suits.

...

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