I do not believe that federal courts constitute a branch "coequal" to Congress or to the President.
The Constitution spells it out: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
What Congress can establish, Congress can disestablish. That principle applies as much to this tariff "court" as it does to Judge Boasberg and the other District Court judges.
The principle applies as well to jurisdiction. Congress has the power to limit the jurisdiction of the federal courts.
What we are experiencing is a slow-motion coup under the generalship of Supreme Court Justices who seek to promote the power of their institution over the other two branches and over the country as a whole.
What is happening here is similar to what is happening in Israel, where judges have usurped power not properly belonging to them.
Fortunately, unlike Israel, we have a Constitution. Sooner or later, we may be forced to exercise the legitimate powers it grants to Congress and the President.
At some point The USSC is going to Have To Deal/Rule with these lower courts. Thinking (always a mistake :-)) that in making a National Ruling 2-3 have to get together to make a ruling/injunction.
Addendum: Just 1 Judge/Circuit should not have THAT much power. Q: Should 1 President have THAT much power also?
This judicial “oversight” kerfuffle reminds me of the Simpsons episode where the corrupt mayor ran off and the town elites decided they should rule and then everything devolved into chaos because they couldnt make any decisions. Pick your poison, i guess.
SCOTUS doesn't slap the rogue judges down en masse for their lawless impudence because the great, principled jurist Chief Justice Roberts likes their style. Trump lets off steam in various ways which may seem silly but are harmless.
I had read reporting/commentary (from National Review I think?) that the Trump admin had funnelled these cases to this court through filings of cases brought in other courts. Doesn’t really change the wisdom of the hearing but worth mentioning.
In the last five years the world economy has suffered two major blows, that impoverish people everywhere. First came the COVID panic, and just as the world was recovering, Putin invaded Ukraine. Then Trump declared war on the world with his dippy tariffs.
Many of us in countries everywhere are hoping that the tariff block will be upheld.
I do not believe that federal courts constitute a branch "coequal" to Congress or to the President.
The Constitution spells it out: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
What Congress can establish, Congress can disestablish. That principle applies as much to this tariff "court" as it does to Judge Boasberg and the other District Court judges.
The principle applies as well to jurisdiction. Congress has the power to limit the jurisdiction of the federal courts.
What we are experiencing is a slow-motion coup under the generalship of Supreme Court Justices who seek to promote the power of their institution over the other two branches and over the country as a whole.
What is happening here is similar to what is happening in Israel, where judges have usurped power not properly belonging to them.
Fortunately, unlike Israel, we have a Constitution. Sooner or later, we may be forced to exercise the legitimate powers it grants to Congress and the President.
At some point The USSC is going to Have To Deal/Rule with these lower courts. Thinking (always a mistake :-)) that in making a National Ruling 2-3 have to get together to make a ruling/injunction.
Addendum: Just 1 Judge/Circuit should not have THAT much power. Q: Should 1 President have THAT much power also?
This judicial “oversight” kerfuffle reminds me of the Simpsons episode where the corrupt mayor ran off and the town elites decided they should rule and then everything devolved into chaos because they couldnt make any decisions. Pick your poison, i guess.
I love PROMETHUS--a favorite movie for me! Thanks, Steve--a great article.
SCOTUS doesn't slap the rogue judges down en masse for their lawless impudence because the great, principled jurist Chief Justice Roberts likes their style. Trump lets off steam in various ways which may seem silly but are harmless.
FYI
Appeals Court Puts Trump’s Sweeping ‘Liberation Day’ Tariffs Back In Place
A federal appeals court issued a temporary stay of the Court of International Trade's order freezing the president's tariffs.
Tim Pearce
May 29, 2025 DailyWire.com
https://www.dailywire.com/news/appeals-court-puts-trumps-sweeping-liberation-day-tariffs-back-in-place?author=Tim+Pearce&category=News&elementPosition=2&row=0&rowType=Vertical+List&title=Appeals+Court+Puts+Trump%E2%80%99s+Sweeping+%E2%80%98Liberation+Day%E2%80%99+Tariffs+Back+In+Place
I had read reporting/commentary (from National Review I think?) that the Trump admin had funnelled these cases to this court through filings of cases brought in other courts. Doesn’t really change the wisdom of the hearing but worth mentioning.
Please, no attack on the Federalist Society. They are terrific.
In the last five years the world economy has suffered two major blows, that impoverish people everywhere. First came the COVID panic, and just as the world was recovering, Putin invaded Ukraine. Then Trump declared war on the world with his dippy tariffs.
Many of us in countries everywhere are hoping that the tariff block will be upheld.