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高盛解读“美国高院关税听证会”:胜负依旧很接近,12月或1月出结果,若退税还需数月,小国或许受益,大国影响不大
Hua Er Jie Jian Wen· 2025-11-06 03:44
Core Viewpoint - Goldman Sachs indicates that the U.S. Supreme Court's decision on tariff rulings remains closely contested, with a ruling expected in December 2025 or January 2026. The firm believes that even an unfavorable ruling may not fundamentally alter the tariff landscape [1]. Group 1: Court Proceedings and Predictions - The Supreme Court's oral arguments on November 5, 2025, revealed skepticism among most justices regarding the president's authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA), leading Goldman Sachs to lower the market's probability of maintaining tariffs from 40% to around 30% [1][2]. - Goldman Sachs predicts that if the court rejects the IEEPA tariffs, the Trump administration could still implement similar tariffs through other legal avenues, resulting in an actual tariff rate decrease of only about 1 percentage point [1]. Group 2: Financial Implications and Refund Processes - As of September, the government had collected approximately $89 billion in IEEPA tariffs, which is expected to rise to between $115 billion and $145 billion by the time of the court's ruling. The refund process for any potential tariff reversals could take several months [3]. - Even if the court rules against the IEEPA tariffs, the government has various alternative legal tools to impose tariffs, including provisions from the Trade Act of 1974 and the Trade Expansion Act of 1962, which could allow for the reimplementation of similar tariffs, particularly against major trading partners [3]. Group 3: Judicial Dynamics - The oral arguments highlighted a division among justices, with three liberal justices explicitly questioning the government's position, while some conservative justices also leaned towards opposing the government based on congressional delegation of power [4]. - Key swing votes appear to be Justices Barrett and Chief Justice Roberts, with Barrett questioning whether Congress intended to grant broad tariff powers through the IEEPA, and Roberts emphasizing that taxation is a core power of Congress, although recognizing tariffs as tools of foreign policy [4].
美国最高法院听证会:特朗普大范围关税合法性面临质疑
第一财经· 2025-11-06 00:40
Core Viewpoint - The article discusses the ongoing Supreme Court hearing regarding the legality of tariffs imposed by the Trump administration, which could generate significant revenue for the U.S. over the next decade. The case raises questions about the balance of power between the President and Congress in terms of taxation and trade regulation [3][6][11]. Tariff Authorization - The hearing lasted nearly two and a half hours, with representatives from the government and opposing parties presenting their arguments. The Trump administration is the first to invoke the International Emergency Economic Powers Act (IEEPA) to impose tariffs [5][6]. - The government argues that tariffs are necessary to address trade deficits and negotiate trade agreements, while the Constitution grants Congress the power to levy taxes and tariffs [6][10]. Major Questions Doctrine - The Supreme Court has previously used the "major questions doctrine" to overturn significant policies from the Biden administration, requiring explicit legislative authorization for actions with substantial economic and political implications [8][9]. - The lower court ruled against Trump, stating that the imposition of tariffs lacked legal legitimacy under this doctrine [9]. Potential Outcomes - The Supreme Court's decision is expected to be closely divided, with conservative justices showing some support for Trump's position, while liberal justices express skepticism about the legality of the tariffs [11][12]. - If the Court rules against the tariffs, it could lead to complications, such as the need to refund tariffs already paid by U.S. importers, which have generated approximately $89 billion in revenue since February [11][12]. Market Reactions - Following the hearing, the probability of the Supreme Court supporting Trump's tariffs decreased significantly on prediction markets, indicating a growing belief that the justices may overturn the tariff policy [12]. Government's Position - Even if the Supreme Court rules the tariffs illegal, the U.S. government may continue to impose tariffs using other legal frameworks, according to Treasury Secretary Scott Bessent [13].
美国最高法院听证会:特朗普大范围关税合法性面临质疑
Di Yi Cai Jing· 2025-11-06 00:25
Core Points - The U.S. Supreme Court held a hearing regarding the Trump administration's appeal on tariff rulings, which could generate trillions in revenue over the next decade [1] - The case tests the limits of presidential power in imposing tariffs and whether it infringes on Congress's authority [2][3] Tariff Authorization - The hearing lasted nearly two and a half hours, with government representatives arguing in favor of tariffs and opposing counsel representing businesses and states [2] - Trump is the first president to invoke the International Emergency Economic Powers Act (IEEPA) to impose tariffs, claiming it is necessary for national security [2] - The Constitution grants Congress the power to levy taxes and tariffs, raising questions about the legality of Trump's actions [2][3] Major Questions Doctrine - The Supreme Court has previously used the "major questions doctrine" to overturn significant policies, requiring clear legislative authorization for actions with substantial economic and political impact [3][4] - The lower court ruled against Trump, stating that the tariffs lacked legal basis under this doctrine [4] Implications of the Hearing - The outcome of the case could have significant consequences, including potential refunds to importers if the tariffs are deemed illegal [6] - Recent data indicates that tariffs imposed under IEEPA have generated approximately $89 billion in revenue from February 4 to September 23 [6] - Market predictions regarding the likelihood of the Supreme Court supporting Trump's tariffs have decreased significantly following the hearing [6]
特朗普关税遭美国高院大法官轮番质疑,预测市场胜率跳水大跌
Feng Huang Wang· 2025-11-05 23:18
Core Viewpoint - The U.S. Supreme Court's hearing on the "Trump Tariff Case" raises doubts about the future of this key policy, with many justices questioning the legality of the tariffs imposed by the Trump administration [1][2]. Group 1: Legal Challenges - The U.S. International Trade Court ruled in May that Trump lacked the authority to impose "reciprocal tariffs" under the International Emergency Economic Powers Act, a decision upheld by the Federal Circuit Court in August [1]. - During the hearing, Chief Justice John Roberts emphasized that taxation is a core power of Congress, suggesting that the case should be bound by the "major questions doctrine," which requires explicit congressional authorization for actions with significant economic or political impact [1][2]. Group 2: Justices' Concerns - Justice Gorsuch questioned the government's claim that Congress had authorized Trump to impose tariffs, arguing that if Congress can delegate its constitutional power to impose tariffs, it could delegate other significant powers as well [2]. - Justice Barrett also inquired whether there is any historical precedent for using the term "regulate imports" to grant tariff authority, indicating skepticism about the administration's interpretation of the law [2]. Group 3: Market Reactions - Following the hearing, the probability of the Supreme Court supporting Trump's tariffs dropped sharply on the Polymarket platform from 40% to below 30%, even dipping below 20% during the hearing [3]. - Similarly, on the Kalshi platform, the probability for related contracts also fell quickly to 30% [6]. Group 4: Next Steps - It remains unclear when the Supreme Court will issue a ruling on the case, with potential waiting times ranging from weeks to months [8].
最高法院周三见分晓,特朗普关税命运系于其亲手任命的三位大法官
Hua Er Jie Jian Wen· 2025-11-04 12:33
Core Viewpoint - The U.S. Supreme Court is set to hear a significant case regarding Trump's global tariffs, which could impact billions in refunds and the fate of tariffs imposed during his presidency [1][2]. Group 1: Case Background - The case is described as potentially the "most important" by Trump, determining the legality of tariffs based on the International Emergency Economic Powers Act of 1977, which does not explicitly authorize tariff imposition [1]. - A federal court previously blocked Trump's tariff policy, ruling that he overstepped his authority by imposing tariffs on countries with a trade surplus with the U.S. [1]. Group 2: Supreme Court Dynamics - The Supreme Court currently has a 6-3 conservative majority, with three justices appointed by Trump playing a crucial role in the case [2]. - The justices' past indications suggest that they may not uniformly support Trump's claims of broad presidential power in imposing tariffs [2]. Group 3: Individual Justices' Perspectives - Kavanaugh is seen as the most likely to support Trump's tariff policy, emphasizing presidential power in national security matters, but may view the case as a question of congressional authority over tariffs [3][4]. - Gorsuch's position is more uncertain; as a textualist, he may challenge the legal basis for Trump's tariffs, questioning the invocation of a law that does not explicitly mention tariffs [4][5]. - Barrett, also a textualist, may oppose the tariffs, viewing them as a significant policy decision that requires congressional authorization [6]. Group 4: Chief Justice's Considerations - Chief Justice Roberts tends to focus on the practical implications of court decisions rather than strict legal doctrines, which could influence his vote [7]. - The justices may require strong legal arguments before confronting the president directly, indicating a cautious approach to the case [8].
大结局将至?特朗普一旦被判非法,中国将全面打赢“关税战”,全世界都在等结果,印度站错队了
Sou Hu Cai Jing· 2025-10-20 12:02
Core Viewpoint - The upcoming Supreme Court hearing on November 5 regarding the legality of Trump's tariff policies is seen as a pivotal moment that could reshape the U.S.-China trade war and impact Trump's political future [1][3]. Group 1: Legal Context - The U.S. International Trade Court previously ruled that Trump's imposition of tariffs under the International Emergency Economic Powers Act was an overreach of authority, stating that trade deficits do not constitute a national emergency [3]. - The Federal Circuit Court upheld this ruling with a 7-4 vote, emphasizing that the Act was intended for financial crises and not for initiating trade wars [3]. - Trump's legal strategy now relies on the conservative majority in the Supreme Court, which includes three justices he appointed, but the court has historically required congressional authorization for significant economic decisions [3][5]. Group 2: Political Implications - Trump's potential attendance at the hearing is viewed as a form of pressure on the justices, raising concerns about the integrity of the judicial system and the principle of separation of powers [5]. - The outcome of the case could have significant financial implications, with estimates suggesting that if the tariffs are deemed illegal, the government may need to refund billions in tariffs collected, further straining the U.S. budget [5][6]. Group 3: International Reactions - The situation has prompted international responses, such as India's declaration to restrict the export of rare earth materials to the U.S., which some interpret as support for China, although India's actions are seen as self-serving rather than a strategic alliance [6]. - China's recent export controls on rare earths are part of its strategy to counter the tariff war, indicating a complex interplay of global trade dynamics [6]. Group 4: Future Outlook - The November 5 ruling is anticipated to be a critical juncture for both the U.S. and China, with potential ramifications for international trade order and the effectiveness of unilateral tariff measures [8]. - Regardless of the ruling, the ongoing trade conflict highlights the challenges of unilateralism and the risks of self-inflicted economic harm through protectionist policies [8].
11月5日,“黑天鹅”来袭?
华尔街见闻· 2025-10-04 12:42
Core Viewpoint - The upcoming Supreme Court hearing on November 5 regarding the legality of tariffs imposed by the Trump administration represents a critical juncture for the U.S. market, with potential implications for presidential power and economic policy direction [1][3]. Legal Basis and Implications - The core of the legal dispute revolves around the invocation of the International Emergency Economic Powers Act (IEEPA) by the Trump administration, which allows the president to impose tariffs in response to a "national emergency" [4][5]. - The effective consumer goods tariff rate has risen to 17.9%, the highest level since 1934, due to tariffs that took effect on April 2 [6]. Government's Position - The White House expresses confidence in the legality of the tariffs, citing three main arguments: trade deficits as a unique external threat, the IEEPA not explicitly excluding tariffs as an emergency tool, and periodic congressional review of these tariffs [7]. Legal Community's Perspective - The mainstream legal opinion, including conservative scholars, suggests that the government's legal basis is weak, with a significant likelihood of losing the case based on the "major-questions doctrine," which requires explicit congressional or constitutional authorization for actions of substantial economic and political significance [8][9]. Market Reactions and Economic Impact - The outcome of the Supreme Court case is viewed as a "Damocles sword" over Wall Street, with the potential for two drastically different futures depending on the ruling [10]. - Current market pricing has somewhat incorporated the impact of tariffs, with Treasury Secretary Scott Bessenet predicting annual tariff revenues exceeding $500 billion in the coming years, which could help reduce the fiscal deficit [10]. Consequences of a Ruling - If the Supreme Court rules the tariffs illegal, the White House may need to refund billions in tariffs, significantly impacting fiscal policy and undermining the unilateral economic strategy of the Trump administration [12]. - Conversely, a ruling in favor of the Trump administration would greatly expand presidential power, allowing for unilateral economic decisions without congressional approval, effectively granting a "quasi-royal" authority [14].
下一个“黑天鹅”,11月5日来袭?
Hua Er Jie Jian Wen· 2025-10-04 12:14
Core Points - The U.S. Supreme Court is set to hear a case on November 5 regarding the legality of tariffs imposed by the Trump administration, which could lead to significant economic and political consequences [1][2] - The case centers around the invocation of the International Emergency Economic Powers Act (IEEPA) by the Trump administration to justify tariffs, claiming trade deficits constitute a national emergency [3][4] - The outcome of the case could either validate the administration's broad powers or challenge the legal basis for such unilateral economic measures [5][9] Legal Context - The Trump administration argues that the IEEPA provides the president with extensive powers to impose tariffs in response to national emergencies, with tariffs having raised the effective consumer goods tariff rate to 17.9%, the highest since 1934 [3][4] - However, many legal scholars, including conservatives, believe the administration's legal foundation is weak, citing the "major-questions doctrine" which requires significant economic actions to have clear congressional authorization [5][6] Market Implications - The potential ruling is viewed as a "Damocles sword" over Wall Street, with the outcome likely to influence market pricing and fiscal strategies [7] - If the Supreme Court rules the tariffs illegal, the government may need to refund billions in tariffs, impacting fiscal stability and potentially destabilizing the unilateral economic strategy of the Trump administration [8] - Conversely, a ruling in favor of the administration could expand presidential powers significantly, allowing for unilateral economic decisions without congressional approval, which may lead to market volatility if combined with negative economic indicators [10]
下一个“黑天鹅”会是11月5日吗?
Hua Er Jie Jian Wen· 2025-10-04 10:39
Core Viewpoint - The upcoming Supreme Court hearing on November 5 regarding the legality of tariffs imposed by the Trump administration could significantly reshape presidential power and economic policy in the U.S. [1] Group 1: Legal Basis and Implications - The core of the judicial confrontation revolves around the Trump administration's invocation of the International Emergency Economic Powers Act (IEEPA) from 1977, which grants the president broad powers in response to a "national emergency" [2] - The tariffs implemented on April 2 have raised the effective tariff rate on consumer goods in the U.S. to 17.9%, the highest level since 1934 [2] Group 2: Government's Position - The White House expresses confidence in the legality of the tariffs, with trade advisor Peter Navarro providing three main arguments: trade deficits represent an "unusual and extraordinary" external threat, the IEEPA does not explicitly exclude tariffs as a "emergency" tool, and these tariffs will undergo periodic congressional review [3] Group 3: Legal Community's Perspective - The mainstream legal opinion, including many conservative scholars, argues that the government's legal basis is weak, with a high likelihood of losing the case, primarily based on the "major-questions doctrine" which requires explicit congressional or constitutional authorization for significant economic and political actions [4][5] Group 4: Market Reactions and Economic Consequences - The outcome of the Supreme Court case is viewed as a "Damocles sword" over Wall Street, with potential for two drastically different futures depending on the ruling [6] - If the tariffs are deemed illegal, the White House may need to refund billions in tariffs, impacting fiscal policy, and the unilateral economic strategy of the Trump administration could be fundamentally undermined [7] - Conversely, a ruling in favor of the Trump administration would greatly expand presidential power, allowing for unilateral economic decisions without congressional approval, potentially leading to market volatility if negative economic indicators coincide with a loss [9]
美政府关税官司缠身折射治理乱象
Core Points - The U.S. Supreme Court will review the legality of the government's tariffs, marking the first time it will assess a core policy of the current administration, with oral arguments scheduled for the first week of November [1][2] - The ongoing lawsuits regarding tariff policies reflect significant domestic controversy over their effectiveness and the procedures used to implement them, highlighting deeper issues within the U.S. political system [1][3] Summary by Sections Tariff Policy and Legal Challenges - The tariffs under review include the 10% "baseline tariff" imposed globally and higher tariffs on trade partners without agreements, as well as the "fentanyl tariff" [2] - The U.S. International Trade Court ruled that the President lacks the authority to impose these tariffs under the International Emergency Economic Powers Act, a decision upheld by the U.S. Court of Appeals [2][3] - The legal basis for these tariffs has been challenged, with arguments that the President's actions bypassed Congress, which constitutionally holds the power to levy taxes [3][4] Economic Impact - The effective tariff rate on imported goods has reached nearly 19%, the highest since the Great Depression, significantly above the typical 2-3% rate [4] - Increased tariffs are estimated to cost American households an additional $2,400 annually, contributing to rising inflation and economic strain [4] Political and Judicial Implications - The Supreme Court's decision could either affirm the President's unilateral power in trade policy or reinforce Congressional authority, impacting future trade negotiations and fiscal stability [5][7] - The current political climate, characterized by intense partisan conflict, has led to numerous lawsuits against the administration, raising questions about judicial independence and the effectiveness of the political system [9][10] - The ongoing legal battles reflect a broader struggle over the balance of power among the branches of government, with potential implications for the future of U.S. governance [6][10]