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Supreme Court tariffs decision marks major defeat for Trump · THE DAILY BRIEF

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  Speaker 1: Hello, and thank you for joining us.
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  Speaker 2: President Trump said he will implement a ten percent global
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  Speaker 2: tariff after the Supreme Court struck down most of the
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  Speaker 2: tariffs he imposed last year. The six or three decisions,
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  Speaker 2: signed by both liberal and conservative justices, ruled the International
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  Speaker 2: Emergency Economic Powers Act or AEPA.
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  Speaker 1: You're going to be hearing that a lot.
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  Speaker 2: This show does not give the president the authority to
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  Speaker 2: impose sweeping tariffs. The case stems from challenges to a
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  Speaker 2: series of executive orders the president's signed, including on his
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  Speaker 2: so called Liberation Day last April, where he invoked executive
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  Speaker 2: powers in that Act. But the president says the ruling
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  Speaker 2: does not stop him from imposing tariffs in other ways.
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  Speaker 2: During a press conference earlier today, he read from the
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  Speaker 2: dissenting opinion. Justice Brett Cavanaugh, was nominated by Trump during
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  Speaker 2: his first term, wrote that today's decision quote might not
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  Speaker 2: substantially constrain a president's ability to order tariffs going forward.
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  Speaker 3: But other alternatives will now be used to replace the
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  Speaker 3: ones that the court incorrectly rejected. We have alternatives. Great
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  Speaker 3: alternatives could be more money. We'll take in more money
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  Speaker 3: and will be a lot stronger for it.
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  Speaker 2: The president also attacked the six numbers of the High
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  Speaker 2: Court that ruled in the majority, including three conservative justices,
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  Speaker 2: accusing them of being influenced by outside interests, the.
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  Speaker 3: Very unpatriotic and disloyal to our constitution. It's my opinion
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  Speaker 3: that the Court has been swayed by foreign interests and
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  Speaker 3: a political movement that is far smaller than people would
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  Speaker 3: ever think.
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  Speaker 1: Legal correspondent Jan Crawford has details of the decision.
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  Speaker 4: I mean, I think we can call this one of
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  Speaker 4: the most significant Supreme Court losses for a US president
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  Speaker 4: in modern history. The Justices invalidating a cornerstone of President
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  Speaker 4: Trump's economic agenda, ruling that this federal Emergency trade law
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  Speaker 4: did not authorize the president to impose tariffs. Of course,
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  Speaker 4: that now wipes out this baseline ten percent tariff that's
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  Speaker 4: been levied on almost every one of our US trading partners,
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  Speaker 4: as well as additional tariffs in other countries of up
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  Speaker 4: to fifty percent. President Trump obviously furious, he lashed out
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  Speaker 4: at the Court and the justices, turning his ire speaking
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  Speaker 4: at the White House on the three Conservatives who joined
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  Speaker 4: with the three liberals to invalidate the use of this
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  Speaker 4: law to impose tariffs. Specifically, he talked about Justice Neil Gorss,
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  Speaker 4: Justice Amy Cony Barrett, two of his own appointees to
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  Speaker 4: the Court, as well as the Chief Justice John Roberts,
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  Speaker 4: who wrote the majority opinion. Dissenting Justice Brett Kavanaugh, Trump's
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  Speaker 4: other nominee to the Supreme Court, argued that the law
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  Speaker 4: did authorize these tariffs, and he said, you know, it
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  Speaker 4: may not even be that significant because the President has
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  Speaker 4: other avenues, other trade laws that he can turn to
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  Speaker 4: to impose tariffs that were, you know, basically accomplished the
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  Speaker 4: same thing. But those laws have significant constraints. They have
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  Speaker 4: time limits. One of them that he announced today has
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  Speaker 4: a ten percent has a five month cap, and they
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  Speaker 4: have a ten percent cap on the mount so he
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  Speaker 4: can't go upwards of fifty percent. Threatened these high terrafs
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  Speaker 4: and to use that as a negotiating tool. But at
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  Speaker 4: the White House today, President Trump said he was forging
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  Speaker 4: ahead and within days would be trying to impose that
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  Speaker 4: another baseline ten percent tariff on pretty much all global
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  Speaker 4: imports across the world. So the while that today's ISSH
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  Speaker 4: isn't is highly significant and a major defeat for the president,
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  Speaker 4: he is not giving up, and he is going to
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  Speaker 4: try to find other ways to impose these tariffs, despite
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  Speaker 4: some on the right and the left saying that perhaps
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  Speaker 4: the court had given him a gift in invalidating the tariffs.
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  Speaker 1: Back to you, all.
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  Speaker 2: Right, Jen Crawford, thank you, CBS News Chief Washington correspondent,
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  Speaker 2: Major Garrett joined us.
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  Speaker 1: Now, what's your reaction.
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  Speaker 5: Well, the President basically said, this case matters to me
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  Speaker 5: a lot, and the court majority of that disagreed with
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  Speaker 5: him because it mattered.
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  Speaker 6: To him a lot.
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  Speaker 5: Was acting unpatriotically under the influence of foreign outsiders and
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  Speaker 5: disloyal to the constitution. That summarizes the president's relationship to
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  Speaker 5: any thing in our checks and balances system and our
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  Speaker 5: constitutional republic that disagrees with him, and he'll have to
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  Speaker 5: live with the political consequences.
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  Speaker 6: Of those kinds of remarks.
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  Speaker 5: The President tried on social media for months to pressure
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  Speaker 5: the Supreme Court to agree with him.
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  Speaker 6: What the Supreme Court did and the.
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  Speaker 5: Majority was look at the law, look at precedent, and
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  Speaker 5: see if what the President was arguing in public was
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  Speaker 5: valid constitutionally. It ruled six to three it wasn't, and
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  Speaker 5: that's now the law of the land.
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  Speaker 1: What do you mean by I'll have to live with
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  Speaker 1: the consequences of those remarks?
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  Speaker 5: It is a challenge to the Supreme Court itself, which
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  Speaker 5: we should remind ourselves, is reviewing many other items before
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  Speaker 5: it initiated by actions taken by this administration. So there's
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  Speaker 5: pending business before the Supreme Court. Supreme Court is a
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  Speaker 5: human institution.
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  Speaker 6: It has a memory.
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  Speaker 5: It knows what is being said about it and being
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  Speaker 5: said specifically about it by a president. So there's that,
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  Speaker 5: and then the country can broadly in this midterm election
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  Speaker 5: campaign evaluate what it means when a president says I've
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  Speaker 5: lost something to this Supreme Court. I cared about it,
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  Speaker 5: and the reason I lost is because they're disloyal to
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  Speaker 5: the Constitution, or they're influenced by foreigners, or they're Republicans
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  Speaker 5: in names only. Those are slanders mostly, if not entirely baseless.
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  Speaker 6: Yes, it's a rhetorical flourish.
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  Speaker 5: But does it in any way suggest to Americans deciding
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  Speaker 5: what they're going to do in the midterm elections, Just
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  Speaker 5: how this president thinks of his powers, the powers of
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  Speaker 5: the presidency and our checks and balances system writ large.
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  Speaker 2: So let's talk about the midterms on our CBS News
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  Speaker 2: polling from December showed sixty three percent of Americans oppose
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  Speaker 2: the president's tariffs.
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  Speaker 1: How do you think this latest stance will be perceived?
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  Speaker 5: That is really a polling about inflation, because most Americans
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  Speaker 5: have heard that there is a potential and very real,
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  Speaker 5: possible inflationary impact of all teriffs. They hear that, they
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  Speaker 5: see that the prices at the grocery store continue to
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  Speaker 5: bother them.
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  Speaker 6: So they're not really sure.
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  Speaker 5: They're not tax lawyers, they're not economists, they're not absolutely
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  Speaker 5: positive relatively sure that teriffs are the reasons prices are
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  Speaker 5: still uncomfortably and stubbornly high, but they think they might be,
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  Speaker 5: and as a result, they would prefer less teriffs because
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  Speaker 5: they think that would translate for their pocket puts in
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  Speaker 5: better and more beneficial ways. So the longer the president
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  Speaker 5: stays on tariffs, even though there is a constituency within
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  Speaker 5: his base that admires him for them because they believe
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  Speaker 5: it rebalances some of the ravages that they have felt,
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  Speaker 5: maybe personally or throughout their family or just across the
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  Speaker 5: economy writ large from globalization. There is still a great
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  Speaker 5: percentage of Americans who don't like inflation. Think tariffs have
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  Speaker 5: something to do with it, and if inflation continues, the
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  Speaker 5: president will pay some kind of noticeable political price.
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  Speaker 1: Major Garrett, thank you. We'll see you Monday on the takeout.
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  Speaker 6: Thank you.
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  Speaker 2: Let's go down to CBS News Congression or Reportatory and
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  Speaker 2: small Toorian.
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  Speaker 1: What's been the reaction from.
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  Speaker 7: Lawmakers, lindsay and obvious partisan split here, quite a few
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  Speaker 7: Republicans still backing the president. We heard from Congressman or
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  Speaker 7: Senator Bernie Marina of Ohio saying that this is absolutely
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  Speaker 7: a slap in the face to the president's agenda. That
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  Speaker 7: the Supreme Court ruled with the season lockstep with the
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  Speaker 7: president on this one. But if we looked at leadership,
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  Speaker 7: I think we saw some really interesting responses. House Speaker
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  Speaker 7: Mike Johnson conceding defeat here but saying that he and
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  Speaker 7: other members of his conference will work with the White
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  Speaker 7: House to go forth with the president's agenda. But I
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  Speaker 7: do want to point out that Johnson and the president
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  Speaker 7: saw another significant loss when it comes to lawmakers last
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  Speaker 7: week when several Republicans joined Democrats and striking down a
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  Speaker 7: rule that would force lawmakers against the ability to draw
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  Speaker 7: resolutions against the president's tariffs. After that, we saw resolution
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  Speaker 7: put forth by Representative Gregory Meeks that disapproved of Trump's
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  Speaker 7: tariffs against Canada. That was ultimately successful, Meeks saying, and
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  Speaker 7: this decision from SCOTUS that this just reaffirms what they
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  Speaker 7: saw that the International Emergency Economic Powers Act can't be
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  Speaker 7: used by the president unilaterally. And speaking of that act,
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  Speaker 7: I just want to point out one interesting statement from
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  Speaker 7: Representative or Senator Chuck Grassley, a Republican from Iowa. He said,
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  Speaker 7: in pardon a statement, he's one of the only sitting
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  Speaker 7: members of Congress who was in office during that passage.
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  Speaker 7: Since then, he's made it clear that Congress needs to
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  Speaker 7: reassert its constitutional role over commerce. So again, across the aisle,
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  Speaker 7: we're seeing bipartisan praise for the Supreme Court decision and
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  Speaker 7: now a renewed push for Congress to step up and
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  Speaker 7: reaffirm that it is the sole branch when it comes
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  Speaker 7: to levying tariffs.
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  Speaker 1: Hey, we'll see how that plays out. Torrian Small, thank you.
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  Speaker 2: CBS Senior Business and Technology correspondent Joe and Ken joins
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  Speaker 2: us for a look at the economic implications. So, Joe,
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  Speaker 2: the Tax Foundation found tariffs cost each US household one
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  Speaker 2: thousand bucks in twenty twenty. That number was expected to
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  Speaker 2: go up to fourteen hundred this year. What could today's
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  Speaker 2: decision and the President's reaction mean though for the average
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  Speaker 2: person's wallet.
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  Speaker 8: Well, we thought after the decision came down from the
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  Speaker 8: Supreme Court that there would be eventual, gradual prices coming down.
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  Speaker 8: Then the President made his announcement that he's going to
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  Speaker 8: be adding this ten percent global tariff through Section one
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  Speaker 8: twenty two, and that sort of threw everything into disarray.
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  Speaker 8: And we've been crunching the numbers with the Yale Budget
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  Speaker 8: lab and they said originally each household since.
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  Speaker 9: The tariffs took place, the cost was.
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  Speaker 8: About seventeen hundred dollars in income, and now you're going
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  Speaker 8: to see potentially a savings, if you can call it that,
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  Speaker 8: of about.
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  Speaker 9: Two hundred and ten dollars.
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  Speaker 8: So the amount that you end up continuing to spend
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  Speaker 8: because of tariffs's relatively the same. There is a difference,
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  Speaker 8: but it's not super dramatic, and that has a lot
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  Speaker 8: of people worried about what's to come, especially small business owners.
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  Speaker 8: They were celebrating this morning for about an hour and
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  Speaker 8: a half and then they started wondering Okay, what are we.
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  Speaker 9: Going to do now?
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  Speaker 8: And are we going to have to sue to get
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  Speaker 8: a refund with all of this stuff in motion?
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  Speaker 9: Uncertainty, I guess is the word.
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  Speaker 1: Yeah. What else are you hearing from businesses?
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  Speaker 8: They were thrilled, they were elated, they were excited, They
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  Speaker 8: felt there was clarity after the Supreme Court decision, and
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  Speaker 8: then when President Trump took the podium and said he
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  Speaker 8: was going to pursue other means of levying tariffs, there
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  Speaker 8: was a sense of deflation and frustration that, you know,
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  Speaker 8: small businesses power this economy. Two small business owners tell
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  Speaker 8: me that they're planning to pursue getting their refunds back.
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  Speaker 8: Beth Benekey at Busy Baby in southern Minnesota.
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  Speaker 9: She says that she is planning to.
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  Speaker 8: Join a potential class action, is the lead plaintiff to
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  Speaker 8: file to get her refunds. Last week, she just paid
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  Speaker 8: you know, twelve fifteen thousand dollars to get her container
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  Speaker 8: of goods into the United States in order to be
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  Speaker 8: able to sell. And she says she's absorbed all of
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  Speaker 8: the costs, not able to keep all of her employees
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  Speaker 8: on board so she doesn't raise price on her you know,
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  Speaker 8: moms and dads that she's selling products to, and she's
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  Speaker 8: just not sure how much more of that she can
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  Speaker 8: continue with, but she is going to go for that
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  Speaker 8: refund if she can. But the Treasury Secretary today saying
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  Speaker 8: it will be a long time before refunds are potentially issued,
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  Speaker 8: and consumers, in his view, may not even see that
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  Speaker 8: money in their pocket. So there's a long winding road ahead,
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  Speaker 8: and there's going to be many, many lawsuits.
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  Speaker 1: I do have a couple of those place mats at home.
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  Speaker 1: Joline Kent, thank you so much, very good