Joe Bishop-Henchman

Trump Has Other Means to Make Tariff Mischief Unless Congress takes back its tariff power, there will be no ‘liberation day’ for America

Good rundown from @jbhenchman.bsky.social on where things stand now.

Gorsuch to Barrett: what's your deal, I can't figure you out

Roasted everyone but the Chief Justice

Gorsuch to Kagan, Sotomayor, Jackson: In every Biden executive order case, you voted to uphold what the President did. However vague the statute, however unprecedented the action, however attenuated the causation, you voted yes. So why are you in the majority with me in this case? Why?

Gorsuch to Thomas, Alito, Kavanaugh: In every Biden executive order case, you voted to strike down what the President did. You said vague statutes, unprecedented actions, attenuated causation, that those are all fatal. So why are you in the dissent in this case? Why?

"Put not your trust in princes"

Psalm 146:3-5

Many of them live in DC and said they were voting for Oliver, but Oliver wasn't on the DC ballot...

Why Can’t D.C.—Or Anywhere Else—Remove Snow? The response to a non-exceptional snow storm undercuts public confidence in the nation’s capital and beyond.

"We have National Park Service-run spaces, from parks to small triangles, where clearing depends on federal choices and timelines rather than local needs.... The transit system clears train stops but not bus stops"

www.commonplace.org/p/joe-bishop...

Looking like the President will miss today's deadline to submit a budget: "On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year." 31 U.S.C. § 1105(a)

"six seven"
-nephew

Preliminary Plans Filed For Safeway in Outer Richmond, San Francisco - San Francisco YIMBY Preliminary plans have been filed for an eight-story apartment complex at 850 La Playa Street in San Francisco’s Richmond District. The project will...

Almost every Safeway in San Francisco is planning a total rebuild into "housing over grocery." At least three recent proposals. Meanwhile, zero proposals from Safeway in the East Bay. sfyimby.com/2025/11/prel... sfyimby.com/2025/11/perm... sfyimby.com/2025/11/bern...

@scotusblog.com coverage: www.scotusblog.com/cases/case-f...

The Supreme Court has agreed to hear Watson v. RNC. It appeals a 5th Circuit decision holding that federal law requires election ballots be received by officials no later than election day. Mississippi, like 30 states and DC, counts mailed ballots to come in after election day.

continuing resolution, keeping the current spending levels from the last passed budget

The Supreme Court today declined to hear an appeal asking to overturn the Obergefell same-sex marriage decision, without comment and without dissent.

The case involved former Kentucky clerk Kim Davis and damages she owes to a couple she denied a marriage license to.

This is a Senate deal, House not on board. Most Dems will oppose but it will need only 10 Senate Dems to support. The thinking is that the House will be pressured to pass what Senate passes.

Rumored deal to end the government shutdown.

-CR and ban on reductions in force of fed govt employees through 1/30/26

-Minibus: Adoption of military construction/veterans, agricultural, and leg branch portions of budget

-Promise of vote in Dec on enhanced ACA subsidies.

Sauer, in his final argument, sticks with his position that the tariffs are not an exercise of the power to tax, but of the power to regulate commerce.

In response to a question by Jackson, Oregon's Gutman says the tariffs do not address fentanyl because they are too indirect and aren't on traffickers. Jackson points out that embargoes and sanctions often are indirect, and a pressure points.

There’s an obvious reason that Congress hasn’t authorized imposing a 1% tariff to respond to an international emergency: what emergency would be addressed by such an action?

Justice Kavanaugh says the challengers think the President could do embargoes and quotas but not a 1% tariff, leaving a donut hole, and asks how that makes sense. Justice Jackson jumps in to say Congress wanting to allow a halt to trade in an international emergency makes more sense than a tariff.

Katyal's 20 minute argument was about an hour.

Justice Barrett asking some questions about the administrative feasibility of refunds, warning it could be “a mess.” Katyal says that’s not a reason to not do it, but the Court could choose to only make relief prospective going forward.

Katyal, with help from Justice Barrett, clarifies that licenses are not the same thing as tariffs. Licenses may involve fees but are fundamentally about government permission to do something.

Justice Kavanaugh asks whether the challengers’ argument comes down to whether the law says “tariff” or not, and if that makes sense since quotas and embargoes aren’t much different. Katyal says no, what matters is context and here the statute is not clearly aimed at tariff actions.

Justice Kagan says at the time of IEEPA, Congress thought it had a legislative veto. The statute originally had one, but legislative vetoes have since held a violation of the separation of powers. Interesting question.

Justice Alito jokes with Katyal - who is President Obama’s former Solicitor General - if he thought he would be the person to revive the non-delegation doctrine. bsky.app/profile/jbhe...

Alito says other authorities might allow the President to do the tariffs, should this case just repeat over and over? Katyal says the President can use Section 301 of the Trade Act of 1974 or Section 232 of the Trade Expansion Act of 1962, the proper authorities to impose tariffs.

Justice Alito asks if the plain language of a 1930 law authorizes the President’s actions. Katyal replies no, government hasn’t invoked it, that law applied only to most favored nation status, and it has lapsed. (We noted this in footnote 2 of our brief, on page 25.)

Justice Alito is pressing on Katyal’s argument that there is a category shift between regulation and taxes. He asks if the President could impose an emergency tariff on an enemy heavily tied to U.S. trade? Katyal says no, he can embargo or go to Congress.