Dear Friends and Virginians:
I sometimes think that we live in an Age of Cowardice. Perhaps due to social media or plain old peer pressure, the number of public servants described as “courageous” or “independent” is dropping down to pretty much zero. Every speech and every vote is a tired rehash of the same partisan talking points. (“Fair Elections!”)
The irony is that the abdication of the middle ground occurs during a time when more Americans describe themselves as “Independent” than at any time in our history.
With that being said, the recent decision by the United States Supreme Court striking down the unilateral tariffs policy of President Trump is a pleasant surprise.
Back in October, I wrote that the President’s imposition of tariffs was a violation of Article I, Section 8 of the Constitution, which solely vests in the legislative branch the authority “to lay and collect Taxes, Duties, Imposts and Excises.” I then gave a media interview, while in South Korea (just after the President’s visit), which reiterated the same point. I mean it was obvious, right?
Then I began to wonder …
Friday’s opinion by Chief Justice Roberts set the record straight. The “emergency” in the “International Emergency Economic Powers Act” cannot be indefinite. It must end. (I made this same argument during the COVID shutdowns). If every day is an emergency, there is no emergency — which means that the constitution controls. In this case, only Congress can set international trade policy.
There is a lot to debate about tariffs. They have raised substantial revenue while not crippling the American economy. By the same token, they are driving up prices for consumers, especially in the building trades. There needs to be a sober debate and a bipartisan consensus of some sort. (And companies that passed along the cost to customers are not entitled to refunds IMO).
But the Judicial Branch must preserve the rule of law, no matter the political consequences. And in this case they did.
JCP Notes: On Tuesday, February 24, the Virginia Court of Appeals will hold its hearing on the “Third Battle of Manassas,” i.e. the contested development putting 37 massive data centers adjacent to the Manassas Battlefield National Park. My clients are surrounding property owners, including the American Battlefield Trust which seeks to preserve historic land. We lost our case on Demurrer on October 31, 2024 in Prince William County Circuit Court, before filing an appeal which has been consolidated (for argument) with the Oak Valley HOA case in which the landowners prevailed. Lots to talk about regarding this case, which will make history.
Last word: so proud of the American hockey teams and all our winter athletes. They did us proud.
Peace,
Chap