Ep 43: Are New U.S. Tariffs Even Legal?

In April, the White House called it Liberation Day. The apparel industry called it panic.

Andrew breaks down what happened when decades of predictable duty rates got wiped out overnight. Global jeans suppliers were hit with numbers no one saw coming. Vietnam at 46%, Cambodia at 49%, Bangladesh at 37%. Orders paused. Panic spread. The rollout felt like a list of naughty countries with penalties posted on a scoreboard.

But the story didn't end there. A group of small importers challenged the tariffs in court, and their case reached the U.S. Supreme Court. The justices, conservative and liberal, all seemed skeptical of the government's argument. Chief Justice Roberts pointed out that the emergency powers law doesn't mention tariffs once. Justice Gorsuch asked if this theory would let a president declare war alone. The Solicitor General's defense didn't persuade anyone.

If the Court strikes down the tariffs, the government could owe importers hundreds of billions and Congress would have to rebuild U.S. trade authority from the ground up. Meanwhile, the big brands who stayed silent, Levi's, Walmart, Gap, American Eagle, they'd get their money back. A silent windfall. The customers who already paid higher prices? They'll never see that money again.

This episode traces the legal fight, the political stakes, and what a reversal would mean for everyone caught in the middle.

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