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Comment by gsanderson | Hacker News Reader

I think it's because it's one thing he can control all by himself. Look at all the attention he's receiving. The "will he/won't he" reality TV. Put a tweet saying X%. No, they won't be cancelled. Yes I'm suspending them for 90 days. And so on.

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Except he can't. They're abusing a legal loophole that probably can be easily defeated in court if anyone interested can actually locate their balls to do it

All the way up to the SCOTUS, at which point it'll be a 7-2 vote in Trump's favor.

I'm not saying he won't win the case but you're daft if you think it won't be 5-4 on the grounds that congress actually has to pass something to signal their intent to the courts.

The question here is not whether congress has to pass something, the question is can congress delegate this authority which is explicitly set by the constitution.

There were a bunch of sentences regarding non delegation of powers of congress, mainly for federal agencies, and courts deciding that congress can't delegate those faculties, so, by the book, this would be a similar situation. There is actually an ongoing case for this aspect of the discussion:

https://www.theguardian.com/us-news/2025/apr/07/trump-tariff...

The are a few republican judges that dont seem too keen on having their names attached to the demise of American empire

maybe 2 which is not enough

I believe that particular ship has sailed.

Even fewer that won't fall in line if threatened to be doxxed to the MAGA mob via Xitter.

How many of them are on the SCOTUS?

I don't believe he can get a 7/2 ruling in SCOTUS. But I do believe he can get Republicans in the current Congress to jump for him, and to try to ensure their majority by disenfranchising people before the midterms.

reasonably he can, even if its illegal. unless he gets inpeached and removed, theres no mechanism to stop him.

even then, congress can vote but who would actually remove him from power?

He has a long record of advocating for tariffs. He thinks they're a good idea.

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