30 Comments
User's avatar
Rusty Nichols's avatar

My Grandest Kudos Gabe…

I once again learned something new from you🤗

Expand full comment
DocOnTheRange's avatar

Upside Down is a great way to explain our current politics.

I am a registered Republican and former Tea Party fan who recently attended a “No Kings” protest where the guy next to me was also a former Tea Party man!

Expand full comment
Paulie's avatar

This was an amazing article Gabe! It would be hard to agree with you more. You hit the nails on all the heads. And to be actually in the Court's hallowed halls with this huge decision that will be decided upon, it must be like magic! The whole of the emergency tariffs position has been perplexing. I have been feeling like I have been taking crazy pills and no one in the media has been talking about it. Democrats wanting a smaller government and fewer taxes. Republicans wanting to expand executive privileges. What are people smoking? This is flip/flop is not what I grew up with. And it sounds like the USSC is poised to just maybe hurt Trump's feelings finally. Just a widdle bit? awwww. Thanks again!

Expand full comment
Randy Marks's avatar

The Klobuchar-Lee moment/pic was awesome

Expand full comment
susanus's avatar

Aside from the issues of tariffs in general or tariffs in principle or who has the power and authority to impose tariffs, there is the question of consistency. Trump's tariffs may be good for the country or bad. His authority to impose them may be constitutional or unconstitutional. Let's leave those questions aside for the moment, even though that is exactly what the Supreme Court is debating. What concerns me, and I think a good share of the American population, is the haphazard on again off again nature of Trump's tariffs. We just don't know from one day to the next for any particular country what the tariffs are going to be percentage wise. We don't even know what goods are going to be tariffed. It's a total nightmare for businesses small and large. It's a total nightmare for consumers. And any attempt to shed light on the situation, such as Amazon trying to show the impact of tariffs on the price of merchandise on its website, is met with fury and vengeance from Trump. This is no way to run a country.

Expand full comment
Ed McMullin's avatar

Once again a succinct explanation of the arguments. Thank you.

Expand full comment
Justus von Widekind's avatar

Why are Russia and North Korea the only countries NOT slapped with Trump's tariffs? Are they the only ones who don't represent a "threat to the defence and industrial base"?, Justice Amy Coney Barrett could have asked even more pointedly.

Expand full comment
Michael Bower's avatar

I note that Biden's overreach was to curb carbon emissions and relieve onerous student loans. Both of these issues are still with us. What is the point of Trump's crazy tariffs for every nation, then rescind, then reinstate higher, rescind again...ad infinitum?

Quote from Gabe's post today: "Lee — like most other Republicans in Congress — has largely kept his historic opposition to tariffs and to presidential power grabs to himself for the last ten months."

While the flip flopping of republican and democratic positions is intriguing, I believe that a crazed president can only be curbed by the Congressional members of his own party...and I'm less concerned about "taxes" and tariffs than I am about politicizing the military to fight the "enemy from within" (not to mention the masked ICEmen). These Congressional members better step up!

Expand full comment
Michael Bower's avatar

" “Could the President impose a 50 percent tariff on gas-powered cars and auto parts to deal with the unusual and extraordinary threat from abroad of climate change?” Gorsuch added." Note that the previous administration's presidential overreach didn't use the "threat from abroad" guise in its attempt to do something about global warming...but Gorsuch's question deserves some policy attention :-)

Expand full comment
Linda Shreck's avatar

Great job, explaining the arguments at the Court, and getting 3 very good interviews. Keep up the excellent work.

On another subject..l would like to know if these crazy ICE agents, running amuck in our nation cities are getting paid? As a former BLS employee l have lived through a shut down so understand the situation. FAA TSA are not getting paid..but are still going to work just like the folks at BLS who give us the CPI. These branches are essential and doing. A job with out a pay check. So how are these ICE agents Who are working, pulling people out of cars, restaurants, offices doing a job with out a paycheck ? Seems to me they should have been the First ones furloughed.

Expand full comment
Virginia Gilbert's avatar

Yeah, ICE and Border Patrol are getting paid. Talk about upside-down.

Expand full comment
Alex Lindvall's avatar

Great stuff, Gabe. The tariffs seem to be doomed going forward, but I can't for the life of me picture what a backward-looking remedy looks like in this case.

-Does the Trump administration have to reimburse these businesses for the unlawful tariffs they paid?

-What about all the other tariff-affected companies in the country—are they entitled to reimbursement too?

-Does the Trump administration have to disgorge itself of these ill-gotten tariff revenues? (Good luck with that.) What if the administration has already spent or allocated these tariff revenues for another purpose—say, to bail out the farmers who were trounced by these tariffs? Is that money forever lost in the shuffle?

-What about consumers? The costs of these tariffs were passed on to consumers in the form of higher-priced goods. We got screwed too, right? It seems weird that the companies would be entitled to tariff reimbursements but consumers wouldn’t.

-And what would any of this even look like in practice? Some companies and consumers were massively affected by these tariffs, while others felt little impact. Do some companies and consumers get more, and how do we determine who is owed what?

What a mess. I guess that’s why the President shouldn’t be arbitrarily and capriciously exercising powers that aren’t his.

Expand full comment
Virginia Gilbert's avatar

I wouldn't say anyone -- business or individual -- "felt little impact." These tariffs have hit the entire nation with bad stuff. But I'll agree some suffered more than others.

Expand full comment
Michael Cunningham's avatar

Very interesting observation about the "upside down" policy arguments. That said, Trump's love of tariffs doesn't surprise me in the least. Tariffs are a perfect vehicle for Trump's bullying instincts. Trump demands foreign countries do what he wants or he'll slap tariffs on them. No better example of this than Trump's tariff on Canada because of the Reagan commercial .

Expand full comment
susanus's avatar

Exactly! They are his big stick. As in yell a lot and carry a big stick.

Expand full comment
Virginia Gilbert's avatar

And he uses it against corporations and industries as well. As in, "Do what I want, or I'll put you out of business with my tariffs."

Expand full comment
Moe's avatar

I certainly enjoy the clarity you bring to all these court proceedings. Thank you for your determination to inform others.

Expand full comment
Emily Mathews's avatar

When the dust settles is it possible we will all be grateful for the nine months of tariff flip-flopping because the supreme Court decision will unite the sides setting a new precedent of bipartisanship in the highest court?

Expand full comment
Virginia Gilbert's avatar

Why not hope for some silver lining? :-)

Expand full comment
menehune's avatar

Aloha .. From the COCONUT WIRELESS ....................................................

Expand full comment
Michael Kupperburg's avatar

BRAVO!

And done with a hint of humor as well.

Have read other versions of what took place, and have enjoyed yours the most. Thank you for getting things right side up in our present upside down politics.

Expand full comment
Michael Kearney's avatar

Well done Gabe. This is why I subscribe. Mike Kearney

Expand full comment