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LetMyPeopleVote

(177,683 posts)
2. Neal Katyal does not think that Section 122 works for trump's new tariffs
Sat Feb 21, 2026, 02:58 PM
Yesterday

Trade deficits are very different from balance of payment deficits



Seems hard for the President to rely on the 15 percent statute (sec 122) when his DOJ in our case told the Court the opposite: “Nor does [122] have any obvious application here, where the concerns the President identified in declaring an emergency arise from trade deficits, which are conceptually distinct from balance-of-payments deficits."

If he wants sweeping tariffs, he should do the American thing and go to Congress. If his tariffs are such a good idea, he should have no problem persuading Congress. That’s what our Constitution requires.

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