Gee, I get another Tariff “I Told You So.”
Rule of Law 2, Trump’s Tariffs 0
In a foolish effort to get around reciprocal tariffs, Trump turned to Section 122 tariffs. As expected in this corner, the court struck those down too.
The Wall Street Journal reports Rule of Law 2, Trump’s Tariffs 0
Another tariff swing and another legal miss for President Trump. A 2-1 majority of the U.S. Court of International Trade on Thursday ruled his Section 122 tariffs unlawful. Although the White House may turn to other statutes to dun businesses and consumers, the decision is important for the rule of law and limits on willful presidential discretion.
Mr. Trump invoked Section 122 to reimpose his border taxes after the Supreme Court struck down his emergency tariffs in February. Section 122 lets a President impose tariffs as high as 15% for up to 150 days to address “large and serious balance-of-payments deficits.” Mr. Trump set his rate at 10% across the globe.
The President claims the tariffs are needed to reduce the $1.2 trillion U.S. trade deficit in goods. The legal and semantic problem is that the balance of payments and trade balance aren’t the same, as judges Mark Barnett and Claire Kelly explain. “It is clear that Congress was aware of the differences in the words it chose,” they write.
The Legal Issue
Section 122 of the Trade Act of 1974 authorizes the US President to impose temporary, up to 150-day import surcharges of up to 15% or quotas to address “large and serious” balance-of-payments deficits, prevent significant currency depreciation, or correct international payment disequilibrium.
The Ruling
Please consider the International Court of Trade Ruling.
It’s 88 pages long, but comes down to the fact the US has balance of trade issues but not balance of payment issues.
Since Nixon took the US off the last remnants of the gold exchange standard, there have not been, and cannot be balance of payment issues.
The court ruled pretty much as I expected.
The balance of equities favors granting Importer Plaintiffs permanent injunctive
relief.ORDERED that all claims by State Plaintiffs other than Plaintiff The State of
Washington are DISMISSED for lack of standing;it is further ORDERED that Private Plaintiffs’ motion for summary judgment (ECF No. 11, Ct. No. 26-01606) is GRANTED; and it is further ORDERED that Plaintiffs’ alternative motions for a preliminary injunction are DENIED AS MOOT.
Judgment will be entered accordingly.
The injunction means that the Section 122 tariffs are no longer in effect against those plaintiffs, but remain in effect for all other importers.
Unfortunately, all other importers have to either file their own lawsuits or wait for an appeal to a court that would issue a broader injunction.
This should have been across the board. However, the court ruled only Plaintiffs other than The State of Washington are DISMISSED for lack of standing.
Trump Flashback
Based on a thorough, detailed, and complete review of the ridiculous, poorly written, and extraordinarily anti-American decision on Tariffs issued yesterday, after MANY months of contemplation, by the United States Supreme Court, please let this statement serve to represent that I, as President of the United States of America, will be, effective immediately, raising the 10% Worldwide Tariff on Countries, many of which have been “ripping” the U.S. off for decades, without retribution (until I came along!), to the fully allowed, and legally tested, 15% level. During the next short number of months, the Trump Administration will determine and issue the new and legally permissible Tariffs, which will continue our extraordinarily successful process of Making America Great Again – GREATER THAN EVER BEFORE!!! Thank you for your attention to this matter. President DONALD J. TRUMP
Feb 21, 2026, 8:59 AM
This won’t take long and I suspect other cases are already in the system.
Note the date.
Trump’s Attempt to Impose New 10% Tariffs Gets Struck Down
CNN reports Trump’s Attempt to Impose New 10% Tariffs Gets Struck Down
President Donald Trump’s 10% across-the-board tariffs are in jeopardy after a federal court ruled them illegal on Thursday, dealing a second major blow this year to the president’s signature economic policy.
In a 2-1 ruling, the panel of judges at the US Court of International Trade found the administration lacked the justification to enact tariffs under a 1974 trade law known as Section 122. The administration began to enact these tariffs after a Supreme Court ruling earlier this year rendered its most sweeping levies illegal.
Thursday’s ruling calls for the administration to cease collecting these tariffs from the plaintiffs and refund prior payments. While only applicable to the impacted plaintiffs, it’s a major setback for the Trump administration and its tariff-enacting capacities.
I Told You So #2
This was easy, and fast. On February 21, 2026, I commented Trump’s 15% Section 122 Tariff Retry Headed for a Supreme Court Loss Too
There are huge flaws in the Section 122 tariff idea.
Two New Issues
- Balance of Payments (discussed in detail below)
- Unusual and Extraordinary Threat (obviously nonexistent)
The statutory requirement for Section 122 is “Large and Serious Balance-of-Payments Deficits.”
They don’t exist. Trade deficits are not the same thing.
Trump is truly a glutton for punishment, And the DOJ is a pack of clowns.
DOJ Already Admitted Section 122 Invalid
Balance of Payment Deficit
Supreme Court Strikes Trump’s Reciprocal Tariffs In 6-3 Vote (I Told You So)
On February 20, 2026, I commented Supreme Court Strikes Trump’s Reciprocal Tariffs In 6-3 Vote (I Told You So)
Forgive me for bragging, but I got every justice correct.
6-3 Called In Advance
Not only did I call 6-3 in advance by justice, I called it 6-3 before the Supreme Court oral arguments, for the correct reasons.
June 6, 2025: Reciprocal Tariffs Are Dead, but Trump Has 7 Other Options to Discuss
Trump Will Lose
One of my delusional readers said Trump would win this 9-0 in the Supreme Court.
There is almost no chance the Supreme Court will go along with such nonsense and it should be obvious why.
The three liberal judges will all be against Trump. I believe Chief Justice John Roberts and Justice Amy Coney Barrett are near-certain votes against Trump as well.
Justices John Roberts, Neil M. Gorsuch, Brett M. Kavanaugh, and Amy Coney Barrett have all ruled against Trump at times.
So start with 3 certain and pick 2 more.
August 27, 2025: Can Trump’s Tariff Revenues Help Pay for the Federal Budget Deficit?
Hypothetical Vote Count
The three liberal justices are certain to vote against Trump. That means we need two more.
Pair 1: Barrett and Roberts
Pair 2: Barrett and Gorsuch
Pair 3: Gorsuch and RobertsIf I am correct, I think Barrett is already on board. I can’t help but think Roberts will go with the majority, and perhaps decide.
If it’s pair 2, add Roberts for a 6-3 decision. The bigger the majority, the more cover for all of them.
Fearless Predictions, Ten Key Events to Expect in 2026
On January 1, 2026, I made Fearless Predictions, Ten Key Events to Expect in 2026
#1: Trump will Lose His Supreme Court Battle on Reciprocal Tariffs
Expect a 6-3 margin against Trump, possibly 7-2. I rate this a 75 percent chance.
Then If he loses, then there is about a 60 percent chance of at least some of the money will have to be refunded.
Trump will moan the SC is killing the best economy in history. He will also say that the ruling will have no impact at all. This is illogical of course, but seriously, expect both statements.
Trump will pursue other avenues of doing the same things with mixed success (using the word success in terms of what Trump wants, not what’s good for the country).
#2: Trump will Lose His Supreme Court Battle on Birthright Citizenship
Expect a 7-2 vote against Trump. 9-0 would not be a surprise.
I rate this a 90 percent chance.
#3: Trump will lose his Supreme Court battle over the right to fire Fed governor Lisa Cook.
Expect a 6-3 vote against Trump. I rate this an 80 percent chance.
Click above for more fearless predictions.
This was fun, and expected.
the best way to force companies to make items here is to create a law that a certain percentage of the goods must be made in America.
it is the least destructive way to accomplish this goal.
Except, it’s destructive because it is ridiculously inefficient. Do things the most efficient way. Pays off. If China is cheaper than Ohio, have it made in China.
thats why I used words like least destructive way to force companies to on shore industries. ive already admitted its destructive.
Another bad day for Tariff Man🙃
All is deadly quiet while the world waits for Iran’s response to Trump’s proposal…
I just don’t the Iranians agreeing to it. They may send a counter proposal back, but I don’t see them accepting it. The stock markets appear to be optimistic.
It’s Rugpull Friday again.
The mullahs are crazy, but the mullahs concerned with self preservation might want to have a huddle with those that don’t.
US military just fired on returning empty Iranian tankers trying to get into the Persian Gulf
It wasn’t a break in the ceasefire, it was an Ordinance Expedition.
Reflag them as Chinese.
This morning…
Hassett: “The golden age is upon us”
Stephen Colbert is being replaced by Byron Allen. CBS – the network for senior living centers. This ain’t no golden age. Everything is going from bad to worse.
Colbert is rammed firmly up obama’s backside.
Along with the other propagandists in late night that alienated 60% of the audience. Well done.
Trump’s 10% global tariffs ruled illegal: Who will be impacted by the ‘narrow block’ decision?
https://www.financialexpress.com/business/news/trumps-10-global-tariffs-ruled-illegal-who-will-be-impacted-by-the-narrow-block-decision/4234823/
Will Global Oil and Gas Disruptions Enable U.S. Energy Domination?
https://warwickpowell.substack.com/p/will-global-oil-disruptions-enable
Mommy….is grandpa OK?
Donald J. Trump
Three World Class American Destroyers just transited, very successfully, out of the Strait of Hormuz, under fire. There was no damage done to the three Destroyers, but great damage done to the Iranian attackers. They were completely destroyed along with numerous small boats, which are being used to take the place of their fully decapitated Navy. These boats went to the bottom of the Sea, quickly and efficiently. Missiles were shot at our Destroyers, and were easily knocked down. Likewise, drones came, and were incinerated while in the air. They dropped ever so beautifully down to the Ocean, very much like a butterfly dropping to its grave! A normal Country would have allowed these Destroyers to pass, but Iran is not a normal Country. They are led by LUNATICS, and if they had the chance to use a Nuclear Weapon, they would do it, without question — But they’ll never have that opportunity and, just like we knocked them out again today, we’ll knock them out a lot harder, and a lot more violently, in the future, if they don’t get their Deal signed, FAST! Our three Destroyers, with their wonderful Crews, will now rejoin our Naval Blockade, which is truly a “Wall of Steel.” President DONALD J. TRUMP
Did you see this comment from Trump yesterday?
“If there’s no ceasefire you’re just going to have to look at one big glow coming out of Iran.”
It sounds like a threat to use nuclear weapons?!
Go play, dear. Grampa shat himself again and we need to get him hosed off.
Oops.
‘Zactly…232 and 301 mysteriously absent from the original ANALysis
4. Regardless of how courts ultimately decide this case, the ruling should have no bearing on the administration’s longer-term ability to impose tariffs under Sec. 232 (national security) or Sec. 301 (unfair trade practices), which the White House has signaled will replace the Sec. 122 tariffs. The authority to impose tariffs under those laws is well-tested, unlike the IEEPA and Sec. 122 tariffs, and customs duties have been collected continuously under both authorities since the first Trump administration.
You seem eager for Trump to further ruin us via tariffs. From what nation’s soil are you composing your opinions?
Your Mom’s house
With Republicans controlling both houses of Congress, you would think they would have simply passed a law granting the President unlimited authority to impose tariffs. But I guess they have to run for reelection.
It’s not like their voters will figure this out, either.
Too many big words.
I don’t understand why this wasn’t more widespread but only for the state of WA. Hopefully this will be addressed quickly. Silliness that the court system is soooo slow.
The fact that this isn’t already dealt with is eroding everyone’s belief in rule of law. If this can be allowed, what’s stopping anyone else from bold faced theft? Same goes to gutting the voting rights act: If that can be allowed, why not just make the US a one party state?
I don’t think people understand how much of a fundamental breakdown this is or the implications it has on the wider scale. A country does not survive long without rule of law.
I’m starting to feel like a dumbass for playing by the rules. A live of crime and grift beckons…
you’re just starting to feel like that? You’ve been that way for a while.
I hope geezers enjoy the prospect of living in a post United States version of America where all that welfare is gone. It’s apparently what they voted for. All because Americans couldn’t stand up at any point before this to stop disaster.
The rule of law was laid to rest during covidcon when my local county courts in Texas suspended jury trials for more than 6 months.
Do the math… The tariffs never could have paid the deficit and provide $2,000 – $5,000 bribery checks to voters…
No wonder Trump went bankrupt so many times, he failed 5th grade math!
Definitely possible for Trump in Taco Land…lol
your salty tears….. muy delicioso!
“And the DOJ is a pack of clowns.”
I thought clowns were funny
Clowns are creepy, but you can’t have a circus without them
Let’s hope that more announcements similar to this one are announced. However, I will not hold my breath while waiting. Others in power should hold up to their responsibilites to curtail the actions of our deranged and self indulgent tryant.
$236 BILLION. This administration is a natural disaster on par with an 8.5 on the San Andreas. There is no end to this.
How many times can this train wreck wreck? 😬
We all knew this was coming…
The full 2-dimensions of Trump policy: tariffs and war. Both losing propositions for the clown.
Do worry, Trump will find a way to make things even worse.™
There is no stupid action from Trump that can shock me. Trump fumbling on policy or neck need in corruption is the status quo.
That people voted for him 3 TIMES is the shocking part in all of this.
The average IQ is 100 which means 50% of the population has an IQ less than that. A substantial number, 16% have IQs less than 85. This is Trump’s base, millions of idiots who see the Chief Pedophile as their Messiah.
I think it’s worse than that here. The average IQ for Americans is 98, so we have a head start in the moron category. Our wonderful AI tried to tell me that’s 2 points above the international level, so exhibit A. Ha.
Some voted for him 6 times when you include the primaries.