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Patrick Boyle On Finance

The Winners & Losers from Trumps New Tariffs

Patrick Boyle On Finance

Patrick Boyle

Business, Investing

4.9308 Ratings

🗓️ 2 March 2026

⏱️ 30 minutes

🧾️ Download transcript

Summary

In this episode, we explore the legal and economic fallout of the Supreme Court's landmark decision to strike down the "Liberation Day" tariffs, a move that has left the administration scrambling for a "Plan B". We dive into the "David vs. Goliath" story of VOS Selections, the tiny wine importer that successfully challenged the President's use of emergency powers, and examine why the new 10% flat-rate replacement may actually provide a competitive boost to China and Brazil while penalizing America's closest allies. From the bizarre world of "National Security Cabinets" to the $175 billion refund headache currently being exploited by "vulture" investors, we break down how tweeting out tariffs met its match in the U.S. Constitution.

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Transcript

Click on a timestamp to play from that location

0:00.0

On February 20th, the US Supreme Court delivered a major legal setback to the cornerstone of Donald Trump's economic strategy

0:08.0

by striking down about two-thirds of the tariffs that the administration had imposed.

0:14.0

Specifically, the court ruled that the Liberation Day duties imposed under the International Economic Powers Act, or IEPA, were illegal.

0:23.8

This was not a huge surprise to anyone who had been paying attention.

0:28.0

Before reaching the highest court in the land, these duties had been ruled unlawful by the

0:32.5

Court of International Trade and by a Federal Appeals Court.

0:36.9

The legal issue isn't that the President can never impose a tariff, it's that the power

0:42.0

to tax belongs to Congress under Article 1 of the Constitution, and they've only delegated

0:48.2

that power to the executive through very specific limited laws.

0:53.1

The Supreme Court essentially ruled that the Act, which doesn't even contain the word tariff,

0:59.1

was never intended to be a blank check for trade policy.

1:03.4

Because investors had spent months watching this slow-motion car crash in the lower courts,

1:08.7

there was no major market spike when the verdict finally landed.

1:12.5

In fact, the outcome was so predictable that even the family of one of the men helping run

1:17.4

the policy was seemingly profiting from it. While Commerce Secretary Howard Lutnik was championing

1:23.8

the tariffs in public, his sons who now run his firm, Cantor Fitzgerald, were

1:28.7

reportedly buying up the rights to hundreds of millions of dollars in potential tariff

1:34.0

refunds at a deep discount.

1:36.8

Lutnik has denied being involved in these trades, but Wired Magazine reported seeing a letter

1:42.1

from the firm explaining how they were willing to pay

1:45.2

20 to 30 cents on the dollar to buy up tariff refund claims.

1:50.6

The reaction from the White House to the Supreme Court judgment was equally predictable.

...

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