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bgentry 8 hours ago

The actual decision: https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf

Animats 4 hours ago | parent | next [-]

Right. Most of the news articles don't link to the decision, which is worth reading.

It's a 6-3 decision. Not close.

Here's the actual decision:

The judgment of the United States Court of Appeals for the Federal Circuit in case No. 25–250 is affirmed. The judgment of the United States District Court for the District of Columbia in case No. 24–1287 is vacated, and the case is remanded with instructions to dismiss for lack of jurisdiction.

So what does that mean in terms of action?

It means this decision [1] is now live. The vacated decision was a stay, and that's now dead.

So the live decision is now: We affirm the CIT’s holding that the Trafficking and Reciprocal Tariffs imposed by the Challenged Executive Orders exceed the authority delegated to the President by IEEPA’s text. We also affirm the CIT’s grant of declaratory relief that the orders are “invalid as contrary to law.”

"CIT" is the Court of International Trade. Their judgement [2], which was unanimous, is now live. It reads:

"The court holds for the foregoing reasons that IEEPA does not authorize any of the Worldwide, Retaliatory, or Trafficking Tariff Orders. The Worldwide and Retaliatory Tariff Orders exceed any authority granted to the President by IEEPA to regulate importation by means of tariffs. The Trafficking Tariffs fail because they do not deal with the threats set forth in those orders. This conclusion entitles Plaintiffs to judgment as a matter of law; as the court further finds no genuine dispute as to any material fact, summary judgment will enter against the United States. See USCIT R. 56. The challenged Tariff Orders will be vacated and their operation permanently enjoined."

So that last line is the current state: "The challenged Tariff Orders will be vacated and their operation permanently enjoined." Immediately, it appears.

A useful question for companies owed a refund is whether they can use their credit against the United States for other debts to the United States, including taxes.

[1] https://www.cafc.uscourts.gov/opinions-orders/25-1812.OPINIO...

[2] https://storage.courtlistener.com/recap/gov.uscourts.cit.170...

4 hours ago | parent [-]
[deleted]
liquidise 3 hours ago | parent | prev [-]

The Gorsuch concurring is quite the read, but wish more Americans internalized its final paragraph (excerpts below).

Yes, legislating can be hard and take time. And, yes, it can be tempting to bypass Congress when some pressing problem arises. But the deliberative nature of the legislative process was the whole point of its design. ... But if history is any guide, the tables will turn and the day will come when those disappointed by today’s result will appreciate the legislative process for the bulwark of liberty it is.

techblueberry 2 hours ago | parent [-]

I agree with Gorsuch, and I love this idea, but until the legislative branch abandons procedures that prevent the deliberation from happening in the first place, this will keep happening.