TARIFFS: BEFORE THE COURTS, RICHARD EPSTEIN, CIVITAS
The John Batchelor Show
John Batchelor
4.5 • 2.8K Ratings
🗓️ 19 July 2025
⏱️ 7 minutes
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Summary
SCOTUS 1905
Transcript
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| 0:00.0 | I'm John Betts, who is my colleague Richard Epstein, Professor Richard Epstein of the Civitas |
| 0:09.1 | Institute at the University of Texas at Austin, as well as teaching law at NYU and the University |
| 0:14.3 | of Chicago tariffs. The tariff story since April has been chaotic and impossible to summarize other than the fact |
| 0:21.8 | that around the world there are people waiting day to day as to what the chief executive |
| 0:27.4 | is going to say about a bilateral trade deal between the United States and X, Y, and Indonesia. |
| 0:35.2 | However, we come to a challenge that I believe is before the Supreme Court, and the challenge |
| 0:41.5 | is important because I don't know where it is. |
| 0:44.6 | I remember thinking that it's going to be resolved. |
| 0:47.7 | There is a suggestion, Professor, that the President does not have the power he is |
| 0:53.1 | exercising because his power is based on |
| 0:56.6 | the International Emergency Economic Powers Act passed by Congress. |
| 1:01.7 | That does not apply to declaring trade imbalances or an emergency. |
| 1:06.1 | Do I summarize correctly? |
| 1:07.8 | And where is that proceeding in the courts? |
| 1:11.0 | Well, I mean, you summarize it correctly, and to say that a condition that has existed |
| 1:16.1 | for the past hundred years is an emergency, marks the meaning of the term emergency, |
| 1:22.3 | which refers to sudden events. And the usual way in which you get involved with these |
| 1:27.1 | kinds of disputes is |
| 1:28.2 | somebody seizes money from some other party, and you're trying to figure out how you get it |
| 1:33.1 | back, and you're allowed to put together all sorts of complicated institutions directed to the |
| 1:38.6 | illicit proceeds that are gained by those transactions. Nothing remotely like that has happened here. |
| 1:43.9 | So why does Trump basically |
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