Subject: Re: 6-3 Scotus Decision Strikes Down Trump Tariffs
So we'll see the second round of "oop's-laws" that will permit him to continue to act as if tariff's aren't controlled by Congress. That's already been evident. That's what his staff has been looking for, and that's what he's been preparing for after losing.

Yes, so he will be imposing “global” 10% tariffs on some other legal basis (Trade Act section 122).

Risks and downsides are plenty though

* it will do little to the blow suffered yesterday -
→ image-wise and
→ financially (Bessent has telegraphed multiple times the revenues - if found to be illegally collected - will have to be paid back)
* the new tariffs will expire after 150 days (and everyone knows that)
* section 122 is tied to addressing balance of payment problems - which cannot be demonstrated to apply across the board
→ Take Brazil, where the US has a trade surplus, but still applies a 40% tariff as "punishment" for throwing your leader’s good friend in jail for his coup attempt
→ Or take many other countries where there is no balance of payment ‘issue’ as long as trade of goods and services is taken together
* sure, countries can be individually ‘investigated’ to potentially keep tariffs to stick - which will however take a lot of work and time (despised by current leadership)
* finally, judges may consider exploring just another loophole as the administration giving the middle finger to the judiciary, and act accordingly

Much less "satisfying" and less room for "arbitrary and spontaneous executive decision making" from his perspective.
The wind is now blowing into his face.