Thursday, November 06, 2025

A Bad Day at Court

Listening to Wednesday’s Supreme Court hearing on the legality of Trump’s global tariffs was, like most such audio casts, somewhat disconcerting but also ultimately fascinating and even rewarding.

Trump’s argument, as articulated by his Solicitor General D. John Sauer, is that his beloved tariffs are legally permissible under an obscure law known as The International Emergency Economic Powers Act, or IEEPA.

Sauer, who is unquestionably a brilliant fellow, possesses a high, squeaky voice that only gets higher and squeakier as he becomes agitated — which happened a lot on Wednesday.

Sauer also speaks almost unbelievably rapidly as his agitation rises until he basically sounds like Mickey Mouse on acid.

By contrast, the Supremes all sound calm and grounded. At one point one of them urged Sauer to slow down and I started feeling sorry for him. They tend to speak in deep, rich, measured tones, which just made squeaky Sauer sound more pathetic as he flailed around in the minutiae of IEEPA.

To get to the point of all this, the Justices, in their unsettling disembodied, God-like way, sounded deeply skeptical that IEEPA or any other precedent justified Trump’s unprecedented tariffs, sending the President’s team away deeply disappointed.

The Court has not yet ruled on the matter but it’s not looking good for the home team. I just hope that when D. John Sauer got home afterward he tried my grandmother’s cure for a raspy throat — warm water with honey, lemon and a dash of Scotch.

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