Todd Tucker
@toddntucker.com
Director, Industrial Policy & Trade, @RooseveltInstitute.org, @RooseveltForward.org. Political scientist of economic transitions, administrative states, Bidenomics, Trumpnomics. Fellow @ Harvard Kennedy School. PhD.
Lowenfeld, like other witnesses, warned that Congress should fix the mess created by the Nixon tariff, Yoshida, etc, and they pointedly refused to do so. Here's the relevant part of his testimony.
November 7, 2025 at 2:07 PM
Lowenfeld, like other witnesses, warned that Congress should fix the mess created by the Nixon tariff, Yoshida, etc, and they pointedly refused to do so. Here's the relevant part of his testimony.
Under Gorsuch's line of argument, any law that lacks a sunset clause could violate the non-delegation doctrine. That's a lot of laws!
Alito ribbed the plaintiff's attorney - Obama's former solicitor general - for helping cement anti-regulatory doctrines.
Alito ribbed the plaintiff's attorney - Obama's former solicitor general - for helping cement anti-regulatory doctrines.
November 6, 2025 at 5:20 PM
Under Gorsuch's line of argument, any law that lacks a sunset clause could violate the non-delegation doctrine. That's a lot of laws!
Alito ribbed the plaintiff's attorney - Obama's former solicitor general - for helping cement anti-regulatory doctrines.
Alito ribbed the plaintiff's attorney - Obama's former solicitor general - for helping cement anti-regulatory doctrines.
Finally, it was good news for the plaintiffs that Justice Gorsuch's appeared willing to pare back any "presidentialist" or foreign affairs exceptions to the non-delegation doctrine. For him, taxes are special - and, as a practical matter - IEEPA can't be "undelegated."
November 6, 2025 at 5:20 PM
Finally, it was good news for the plaintiffs that Justice Gorsuch's appeared willing to pare back any "presidentialist" or foreign affairs exceptions to the non-delegation doctrine. For him, taxes are special - and, as a practical matter - IEEPA can't be "undelegated."
Fifth, plaintiffs have emphasized throughout the case that "no president has used IEEPA for tariffs since 1977." The DOJ and conservative justices noted an easy explanation for this: Trump's predecessors were free traders.
November 6, 2025 at 5:20 PM
Fifth, plaintiffs have emphasized throughout the case that "no president has used IEEPA for tariffs since 1977." The DOJ and conservative justices noted an easy explanation for this: Trump's predecessors were free traders.
Indeed, the plaintiffs noted that the court might choose to not reimburse any already collected tariffs at all.
November 6, 2025 at 5:20 PM
Indeed, the plaintiffs noted that the court might choose to not reimburse any already collected tariffs at all.
Fourth, plaintiffs did not contest that Trump could impose virtually identical tariffs tomorrow under other statutes... meaning businesses might not get any practical relief.
November 6, 2025 at 5:20 PM
Fourth, plaintiffs did not contest that Trump could impose virtually identical tariffs tomorrow under other statutes... meaning businesses might not get any practical relief.
Instead, plaintiffs' strategy was to try to minimize the stature of the court that reviewed Nixon's tariffs.
November 6, 2025 at 5:20 PM
Instead, plaintiffs' strategy was to try to minimize the stature of the court that reviewed Nixon's tariffs.
Third, the plaintiffs did not have any real argument as to why Nixon could impose 10% tariffs on most imports in 1971 under IEEPA's predecessor authority, but Trump couldn't do something similar today... despite the fact that Congress chose not to limit those powers since 1977.
November 6, 2025 at 5:20 PM
Third, the plaintiffs did not have any real argument as to why Nixon could impose 10% tariffs on most imports in 1971 under IEEPA's predecessor authority, but Trump couldn't do something similar today... despite the fact that Congress chose not to limit those powers since 1977.
Kavanaugh described this as "unusual" and pointed to how tariff threats seem to show promise for getting India to de-align with Russia over Ukraine.
November 6, 2025 at 5:20 PM
Kavanaugh described this as "unusual" and pointed to how tariff threats seem to show promise for getting India to de-align with Russia over Ukraine.
Second, the justices (including Barrett - a likely swing) appeared concerned by the plaintiffs' argument that IEEPA confers no tariff or revenue-raising authority whatsoever. The implication is that a president could shut down all trade with all countries, but not impose a 1% tax on 1 country.
November 6, 2025 at 5:20 PM
Second, the justices (including Barrett - a likely swing) appeared concerned by the plaintiffs' argument that IEEPA confers no tariff or revenue-raising authority whatsoever. The implication is that a president could shut down all trade with all countries, but not impose a 1% tax on 1 country.
Trump's solicitor general was even asked whether domestic student debt relief could follow from an international climate emergency, and he at least partly conceded the point.
November 6, 2025 at 5:20 PM
Trump's solicitor general was even asked whether domestic student debt relief could follow from an international climate emergency, and he at least partly conceded the point.
Perhaps sensing that this could help flip at least Justice Gorsuch's vote, the liberal justices and plaintiffs returned to this point repeatedly.
November 6, 2025 at 5:20 PM
Perhaps sensing that this could help flip at least Justice Gorsuch's vote, the liberal justices and plaintiffs returned to this point repeatedly.
First, Trump's DOJ was repeatedly asked whether a future administration could use IEEPA to declare a climate emergency and impose heavy tariffs on fossil imports.
They said yes, and courts would have only limited review power.
They said yes, and courts would have only limited review power.
November 6, 2025 at 5:20 PM
First, Trump's DOJ was repeatedly asked whether a future administration could use IEEPA to declare a climate emergency and impose heavy tariffs on fossil imports.
They said yes, and courts would have only limited review power.
They said yes, and courts would have only limited review power.
Melissa Morales of Somos Votantes shares polling that *government lifting up 40% of Latino children out of poverty* had little resonance among target population, relative to a message of policy empowering Latinos to lift up their own families.
November 3, 2025 at 9:21 PM
Melissa Morales of Somos Votantes shares polling that *government lifting up 40% of Latino children out of poverty* had little resonance among target population, relative to a message of policy empowering Latinos to lift up their own families.
Independents are especially likely to blame government dysfunction on corruption.
November 3, 2025 at 8:43 PM
Independents are especially likely to blame government dysfunction on corruption.
Next up, @alexsjacquez.bsky.social shares new looking from @groundwork.bsky.social @dataforprogress.org on views of government.
Spoiler: they think government is corrupt.
But because of corruption more than red tape.
Spoiler: they think government is corrupt.
But because of corruption more than red tape.
November 3, 2025 at 8:38 PM
Next up, @alexsjacquez.bsky.social shares new looking from @groundwork.bsky.social @dataforprogress.org on views of government.
Spoiler: they think government is corrupt.
But because of corruption more than red tape.
Spoiler: they think government is corrupt.
But because of corruption more than red tape.
Nell Abernathy says the way to deal with the everything bagel problem is empowered agency leadership
Thinks it doesn't apply to CHIPS, which only had one significant social condition (child care) which had a specific labor force justification.
Also, DOC used expedited hiring and grant process.
Thinks it doesn't apply to CHIPS, which only had one significant social condition (child care) which had a specific labor force justification.
Also, DOC used expedited hiring and grant process.
November 3, 2025 at 7:59 PM
Nell Abernathy says the way to deal with the everything bagel problem is empowered agency leadership
Thinks it doesn't apply to CHIPS, which only had one significant social condition (child care) which had a specific labor force justification.
Also, DOC used expedited hiring and grant process.
Thinks it doesn't apply to CHIPS, which only had one significant social condition (child care) which had a specific labor force justification.
Also, DOC used expedited hiring and grant process.
Ben Bain of @niskanencenter.bsky.social says we need to align the incentives of civil servants with outcomes you want to see. Need to understand why process was put in place, so you're not surprised by the hurdles.
November 3, 2025 at 7:52 PM
Ben Bain of @niskanencenter.bsky.social says we need to align the incentives of civil servants with outcomes you want to see. Need to understand why process was put in place, so you're not surprised by the hurdles.
At OMB, @ksabeelrahman.bsky.social talks about having a norm of getting COVID relief measures through the office in under two weeks.
We have to move from a compliance, to efficacy, mindset.
OIRA could provide surge capacity, especially post DOGE.
We have to move from a compliance, to efficacy, mindset.
OIRA could provide surge capacity, especially post DOGE.
November 3, 2025 at 7:48 PM
At OMB, @ksabeelrahman.bsky.social talks about having a norm of getting COVID relief measures through the office in under two weeks.
We have to move from a compliance, to efficacy, mindset.
OIRA could provide surge capacity, especially post DOGE.
We have to move from a compliance, to efficacy, mindset.
OIRA could provide surge capacity, especially post DOGE.
At Department of Commerce, Nell Abernathy, they began to evaluate economic development dollars by whether they created good jobs... Not just whether the money got out the door.
November 3, 2025 at 7:44 PM
At Department of Commerce, Nell Abernathy, they began to evaluate economic development dollars by whether they created good jobs... Not just whether the money got out the door.
Clarence Wardell (former Domestic Policy Council) on the challenges of having four czars in the White House for each of the major 4 pieces of Biden legislation.
November 3, 2025 at 7:41 PM
Clarence Wardell (former Domestic Policy Council) on the challenges of having four czars in the White House for each of the major 4 pieces of Biden legislation.
Next panel: From Red Tape to Reality: Outcome Oriented Delivery and Execution.
@jmargetta.bsky.social kicks us off.
@jmargetta.bsky.social kicks us off.
November 3, 2025 at 7:38 PM
Next panel: From Red Tape to Reality: Outcome Oriented Delivery and Execution.
@jmargetta.bsky.social kicks us off.
@jmargetta.bsky.social kicks us off.
Government overrelies on outsourced third party providers, says Jason Miller. Government didn't have adequate visibility into managers of debt relief portals.
November 3, 2025 at 6:38 PM
Government overrelies on outsourced third party providers, says Jason Miller. Government didn't have adequate visibility into managers of debt relief portals.
2nd panel: OMB management chief Jason Miller @bharatramamurti.bsky.social do post mortem on student debt relief.
Choice 1: regulatory action or legislation?
2: Emergency or non emergency power?
3: Universal or means tested?Excluding 3% richest could frustrate relief for 33%
Chose 1,1,2.
Choice 1: regulatory action or legislation?
2: Emergency or non emergency power?
3: Universal or means tested?Excluding 3% richest could frustrate relief for 33%
Chose 1,1,2.
November 3, 2025 at 6:29 PM
2nd panel: OMB management chief Jason Miller @bharatramamurti.bsky.social do post mortem on student debt relief.
Choice 1: regulatory action or legislation?
2: Emergency or non emergency power?
3: Universal or means tested?Excluding 3% richest could frustrate relief for 33%
Chose 1,1,2.
Choice 1: regulatory action or legislation?
2: Emergency or non emergency power?
3: Universal or means tested?Excluding 3% richest could frustrate relief for 33%
Chose 1,1,2.
First @rooseveltinstitute.org panel is a wrap!
November 3, 2025 at 6:18 PM
First @rooseveltinstitute.org panel is a wrap!