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November 6, 2025 6 mins
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Speaker 1 (00:03):
Faith freedom Florida. This is the Brian mud Jo. Two
things were happening at about the same time yesterday.

Speaker 2 (00:14):
One of them this Congress delegate to the president the
power to regulate commerce with foreign nations as he sees fit,
you know, and collect duties as he sees fit.

Speaker 1 (00:28):
We don't assert that here. That would be a much
harder case now in seventeen nine.

Speaker 2 (00:32):
And at the logic of your view though, I don't
think so.

Speaker 1 (00:35):
So that was happening at the Supreme Court as you
had the Solicitor General for President Trump that was responding
to Supreme Court Justice Neil Gorsic. Meanwhile, basically at the
same time you had this going on in Miami.

Speaker 3 (00:51):
My tariffs are bringing in hundreds of billions of dollars
in a helping slash a deficit this year by more
than fifty percent.

Speaker 1 (00:59):
Oh boy, as you have an argument that was centering
around whether or not the terriffs were aimed at raising
revenue and then allocating now, which would be a function
of Congress. I know the President helped his caze there
somebody who's an expert in these things and happened to
be at the United States Supreme Court for yesterday's festivities

(01:20):
on Trump's tariffs case are a White House correspondent John Decker,
good morning.

Speaker 3 (01:25):
Hey, good morning to you. Three hours. That's how long
oral arguments were yesterday. One of the longest oral arguments
I've sat in for in the Supreme Court, Brian And
during the course of that nearly three hours of Q
and A, involving all nine justices and the lawyers representing
both sides, I got the sense that the justices are

(01:46):
very skeptical of the power that the President asserts he
has through a nineteen seventy seven law that has never
been used by any prior president for this purpose, levying
tariffs on every one of America's trading partners.

Speaker 2 (02:02):
AYEPA.

Speaker 1 (02:04):
I'd say it that way just so it doesn't sound boring.

Speaker 3 (02:06):
You know.

Speaker 1 (02:07):
Yeah, you heard a lot of APA yesterday, which is
the Emergency Powers Act. You're referencing a couple things here
so you detect the skepticism. There were so many moments
that I think really stood out, and one of them
that illustrated the point about kind of just be careful
what you wish for, played a clip from Corsic. He

(02:28):
also had this one, could the president impose a fifty
percent tariff on gas powered cars and auto parts to
deal with the unusual and extraordinary threat from abroad of
climate change, kind of illustrating a political point. Should the
Supreme Court allow these to stand?

Speaker 2 (02:46):
That's right?

Speaker 3 (02:47):
And that question was posed to John Sower, the Solicitor
General arguing the case on behalf of the Trump administration,
and he acknowledged yes. So that is something that certainly
President Joe Biden would have done if he ex size
the International Emergency Economic Powers Act in the way that
the President has exerted it. And that could be very

(03:08):
problematic for future Republican administrations that do not want to
see Democrats in control of the Senate and the White
House in Congress to use this law in this fashion. So, yes,
that is a political consequence of the Supreme Court ultimately

(03:29):
rules in President Trump's favor and overrules to lower court decisions.

Speaker 1 (03:34):
Yeah, that one, in particular was the one where to me,
there's no way Gorsich was going to go along with
the administration on this. I mean, he could have replaced
fifty percent with ten thousand percent because it's arbitrary at
the will of the president and effectively, hey, we're just
going to try to kill off whole industries we don't like,
for example, and so on that note, then you get
into what does this look like? And Amy Cony Barrett

(03:57):
in particular is interesting because she wanted to get into
license fees and some of the other maybe loopholes that
a president might be able to use to try to
achieve a similar effect to the tariff policy. And that
to me is the question about not if the tariffs
go down, but how broad or how narrow is the
ruling going to be. What are your thoughts about that?

Speaker 3 (04:19):
Well, it's a really good question. So I think that
the administration I want to answer that question. But let
me also bring in another answer to this, Brian, and
that is what is plan B. You know what's planned B.
If the Supreme Court has seemed likely yesterday when I
was sitting in the Supreme Court, it's likely that they're
going to say the president does not have the power.

(04:39):
So then what does the White House do? And so
there what you just mentioned is one option, you know,
in terms of reclassifying what the White House would like
to do as it relates to these tariffs. The other
option is one that I raised to the President himself,
in the Oval Office a few weeks ago, I said
to the President, why not have Congress simply pass your

(04:59):
terror And the President told me, well, he doesn't believe
he has the votes, and what he's referring to is
sixty votes to move that kind of legislation forward in
the Senate. But you could certainly do this through reconciliation.
In fact, you know, I scratched my head, why didn't
you just incorporate these tariffs into the Big Beautiful Bill.
It would have passed absolutely one hundred percent, and then

(05:20):
you wouldn't have had this kind of issue before the
White House. And what the President has said is a
major issue that they'd have to contend with, which is
paying back reimbursing thousands upon thousands of companies that have
paid these tariffs thus far.

Speaker 1 (05:34):
I think you illustrate brilliant point, and said, I wonder
if they wouldn't have had the votes even to be
able to do it as part of the One Big
Beautiful Bill Act. At a certain level, you do have
some Republicans that are not on board with tariff policies,
and we know how narrow was especially in the House
Senate too for that matter. So John, what is the
outlot from here. You think this is days, weeks, months

(05:56):
before you get rolling?

Speaker 3 (05:58):
Oh oh? Say So, as it relates to when the
Supreme Court may rule, I think they're going to turn
a decision around rather quickly by Supreme Court standards, Brian. So,
I think that by the end of this year, by
the end of December, we should have a ruling by
the Supreme Court. For sure. They're not going to wait
until next June. They realize that, you know, there are
repercussions of their decision in terms of the president's economic

(06:23):
policies for this second term. And so that's the reason
I think they're going to turn around a decision pretty quickly.

Speaker 1 (06:30):
Great coverage as always, Thank you so much for taking
the time with us. Truly appreciate it.

Speaker 3 (06:34):
Thank you, Brian. Have a great day. Talk to you tomorrow.

Speaker 1 (06:37):
Sounds good.
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