In Batshit Rant Trump Seems to Beg John Roberts to Rule before Full Brunt of His Tariffs Hits

A few weeks ago, when we were waiting for the Circuit Court of Appeals to issue its ruling on a challenge to Trump’s tariffs, I did this video providing my prediction for the way that Trump hoped to get the Supreme Court to uphold his claimed unilateral authority to impose tariffs.

On Friday, the court issued its ruling.

Seven judges joined in a per curiam opinion basically ruling that IEEPA, the basis Trump used to impose the tariffs in question, did not authorize the fentanyl-related and trade deficit tariffs in question. Three of those judges — a Poppy Bush, an Obama, and a Biden appointee — joined in a concurring opinion written by another Biden appointee, Tiffany Cunningham, which held that IEEPA doesn’t permit the President to impose any tariffs. And three judges — two George W appointees and an Obama appointee — joined in Obama appointee Richard Taranto’s dissent arguing that IEEPA did give the President authority enough to impose the tariffs before the court (the remainder of the judges on the per curiam were a Clinton appointee and two Obama ones).

While the court remanded the case to the Court of International Trade to adjust to SCOTUS’ recent rulings against universal injunctions (meaning CIT would have to certify a class of importers who qualify for relief), it basically froze its ruling entirely until October 14 to give both parties a chance to appeal.

The Clerk is directed to withhold issuance of the mandate through October 14, 2025, during which the parties may file a petition for a writ of certiorari in the Supreme Court. If, within that period, any party notifies the Clerk in writing that it has filed a petition for a writ of certiorari, the Clerk is directed to withhold issuance of the mandate pending (1) the Supreme Court’s denial of certiorari or (2) a judgment of the Supreme Court if certiorari is granted. While the issuance of the mandate is withheld, the United States Court of International Trade shall take no further action in this case.

Now, as Scott Bessent made clear in that video, the plan from the Administration was always to delay a SCOTUS hearing until October so that by the time it ruled in January, the country would become so reliant on tariffs that SCOTUS would uphold the tariffs even if it recognized they were unlawful.

Since Friday, Trump has been engaged in his typical ranting, first repeating claims already made that if he lost the ability to arbitrarily destroy the US economy it would, “destroy the United States of America.” Then, Trump moved onto his bullshit invocation of partisanship, claiming that “a Radical Left group of judges didn’t care” that if he couldn’t bring in the “TRILLIONS OF DOLLARS” he falsely claimed he had brought in, then, “our Country would be completely destroyed.”

But then today Trump added an additional ploy: urgency.

Lying this time that his tariffs were bringing in $15 trillion of investments, Trump wailed that “TIME IS OF THE ESSENCE!!!” because if  “a Radical Left Court” were allowed to terminate his tariffs, than the US would become the “Third World Nation” Trump is intent on making it.

Not only is this tweet financial fraud on a massive scale — none of the deals involve any enforceable investments, much less on a scale that keeps doubling with each passing day.

But it makes no postural sense. The tariffs will remain in place until at least October, just like Bessent wanted, unless the plaintiffs find a basis to appeal. And even then, it would be Trump’s far right SCOTUS making the decision, not the mixed group of appointees at the Circuit Court of Appeals.

The biggest reason to think the “TIME IS OF THE ESSENCE!!!” is that Congress is coming back and will have to pass a budget to deal with the destruction wreaked by Trump’s Big Ugly Bill if it understands that these tariffs are illusory, even while the tariffs themselves will continue to destroy small and even larger businesses.

Or perhaps more importantly, Congress is coming back with further evidence that Trump’s policies are deeply unpopular. Trump may feel the need to stave off the kind of rebellion we have yet to see from the captive right wing majorities on the Hill.

Whatever the reason, it represents a tactical flip-flop from the strategy Bessent laid out just weeks ago.