Fortunately, Trump Has Trouble Achieving His Goals

[Passages]

A federal court has struck down most of his tariffs, mainly because he didn’t follow readily available procedures to impose them

by David Dayen May 29, 2025

There is one, and probably only one, saving grace to this moment in U.S. history: Donald Trump is absolutely terrible at getting things done. Despite a Republican Party filled with sycophants and a Democratic Party that still can’t figure out how to resist him, despite a cowed media, business, and legal elite, despite the prodigious powers of the presidency, he still manages to stumble. Inattention to what the job entails has something to do with it, but really he just has a superior knack for failing. Remember this is a guy who managed to bankrupt a casino.

Trump’s latest misadventure concerns his Liberation Day tariffs, which late on Wednesday were unanimously ruled illegal by a three-judge panel of the U.S. Court of International Trade that included a Trump nominee. Presidents do not have authority from the Constitution to impose tariffs, but over the past century, Congress has rather willingly handed that authority over. Presidents have multiple paths to impose tariffs, but Trump just happened to choose an illegal course.

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The ruling will be immediately appealed, and we’ll see whether the Supreme Court will ultimately ride to Trump’s rescue, or whether the administration will abide by the verdict if it goes against them. And even if all appeals are exhausted, that will not end the tariff merry-go-round, though it will get harder. But what strikes me is how completely avoidable this was. Competency is a tragically undervalued skill in America; fortunately for us and the world, it’s in short supply in Washington today.

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The point is, a normal administration that wanted to revolutionize the global trade order had well-established tools to do so. But because Trump got greedy, predictable chaos has ensued. Plaintiff lawyers argue that anyone who paid the tariffs when in effect is now entitled to a refund. The White House, meanwhile, has vowed to appeal.
https://prospect.org/politics/2025-05-29-fortunately-trump-has-trouble-achieving-his-goals/

Grifter in Chief, grifting.

[NJCher]

1. More failure

He got a stay and his lawyers told the court that if he loses on appeal, he will pay interest on the $60 million + when he has to return it. The 60 million is what has been taken in on tariffs to date.

Lawrence Tribe said in an interview on msnbc last night that the SC would not overturn this, so here he goes with another loss.

Can you imagine trying to straighten this mess out? How to pay back the $60 million to each entity?

You could leave the office unoccupied and it would be better than having this.

[LetMyPeopleVote]

2. In order to get a stay of the ruling on tariffs, trump's attorneys had to promise to refund all tariffs

trump's attorneys had to make the legal commitment to refund all tariffs in order to get a stay of the rulings on trump's tariffs. The court of appeals issued the stay of the two injunctions based on the agreement by the trump administration to refund all tariffs if the ruling of these two courts are upheld on appeal. 

Link to tweet

Link to tweet

BREAKING - Trump admin pledges to refund tariffs: Donald Trump’s Justice Department persuaded the U.S. Court of Appeals to stay the lower court’s injunction on his emergency tariffs—after pledging to refund anyone who paid them if it ultimately loses. In its filings, the government stated, “If tariffs imposed on plaintiffs during these appeals are ultimately held unlawful, then the government will issue refunds to plaintiffs, including any post-judgment interest that accrues.” The court granted the stay.

[Passages]

3. Yep. I especially love that interest was added. ha ha ha