重大问题原则('major questions' doctrine)

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 还没到变天的时候!特朗普关税短期内有望维持现状
 Jin Shi Shu Ju· 2025-09-03 00:45
 Core Viewpoint - The U.S. Court of Appeals has upheld lower court rulings against Trump's tariff policies, but significant changes to these import tariffs are not expected in the near term, particularly due to the slow judicial process and potential Congressional involvement [1][2].   Group 1: Court Rulings and Implications - The U.S. Court of Appeals ruled that Trump's invocation of the International Emergency Economic Powers Act (IEEPA) for tariffs exceeded his authority [1]. - The Supreme Court's decision on this matter is anticipated by June next year, with invalidated tariffs remaining in effect until October 14 for consideration [1]. - Treasury Secretary Yellen plans to draft a legal opinion to defend the legality of the tariffs in preparation for a possible Supreme Court ruling [1].   Group 2: Potential Outcomes and Market Reactions - Trump has indicated plans to expedite the Supreme Court's decision, linking stock market declines to the appellate court's ruling on tariffs [2]. - Analysts suggest two likely scenarios: the Supreme Court may either support Trump's use of IEEPA or allow Congress to pass legislation granting the necessary authority [2]. - Despite a conservative majority in the Supreme Court, some analysts express skepticism about the Trump administration's chances of success [2].   Group 3: Alternative Tariff Options - Analysts highlight that Trump has other tariff authorization channels available, such as Section 122 balance-of-payments tariffs and Section 301 national-security tariffs, which could be implemented in the short term [3][4]. - Section 122 allows for tariffs up to 15% for a maximum of 150 days, while Section 201 tariffs can last up to 8 years with a gradual reduction [3][4]. - The advantage of Sections 122 and 338 is that they do not require investigations, allowing for immediate implementation [4].   Group 4: Impact on Existing Tariffs and Refunds - The court ruling does not affect existing tariffs on imports of automobiles, steel, and aluminum, and the Trump administration plans to impose tariffs on other sectors under investigation [4]. - There is growing concern regarding the possibility of refunds for tariffs already paid, which could become one of the largest refund projects in U.S. history [5]. - Analysts believe that tariff refunds could influence U.S. debt issuance and yield rates [5].
