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BumRushDaShow

(163,346 posts)
Wed Nov 5, 2025, 04:35 PM Nov 5

'You Do!' Gorsuch Calls Out Trump Lawyer For Arguing Congress 'Can Hand Off' Power to Declare War to President

Source: MEDIAite

Nov 5th, 2025, 1:16 pm


Supreme Court Justice Neil Gorsuch, who was nominated by President Donald Trump, battled Solicitor General D. John Sauer on Wednesday over the limits of executive power while hearing a case on the legality of Trump’s sweeping tariffs. Sauer argued against lower court rulings that shot down Trump’s use of emergency powers under the International Emergency Economic Powers Act (IEEPA) to levy sweeping tariffs on foreign countries – a power solely granted to Congress in the Constitution.

Gorsuch asked Sauer, “General, just a few questions following up on the major questions, discussions you’ve had. You say that we shouldn’t be so concerned in the area of foreign affairs because of the president’s inherent powers. That’s the gist of it, as I understand it, why we should disregard both major questions and non-delegation. So could Congress delegate to the president the power to regulate commerce with foreign nations as he sees fit? To lay and collect duties as he sees fit?”

“We don’t assert that here. That would be a much harder case now. In 1790–” Sauer replied as Gorsuch cut in, “Isn’t that the logic of your view, though?” Sauer replied, “I don’t think so, because we’re dealing with a statute that was a carefully crafted compromise. It does have all the limitations that I just talked about.”

Gorsuch pushed back, “You’re saying we shouldn’t look, we shouldn’t be concerned with—I want you to explain to me how you draw the line because you say we shouldn’t be concerned because this is foreign affairs and the president has inherent authority and so delegation is off the books, more or less. If that’s true, what would prohibit Congress from just abdicating all responsibility to regulate foreign commerce, or for that matter, declare war to the President?”

Read more: https://www.mediaite.com/politics/you-do-gorsuch-calls-out-trump-lawyer-for-arguing-congress-can-hand-off-power-to-declare-war-to-president/

43 replies = new reply since forum marked as read
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'You Do!' Gorsuch Calls Out Trump Lawyer For Arguing Congress 'Can Hand Off' Power to Declare War to President (Original Post) BumRushDaShow Nov 5 OP
"wholesale abdication." That's pretty much what the Republicans in congress have done! progressoid Nov 5 #1
To be fair, up to now, so has the 2/3 majority on the SCOTUS. MLWR Nov 5 #2
True. progressoid Nov 5 #3
Because they have already seen 45 and his cabal, wantonly violating court orders with no repercussions BumRushDaShow Nov 5 #5
So are they moving toward protecting separation of powers? If so, what does that mean for the Roberts court legacy? ancianita Nov 5 #7
I have another OP to post on this BumRushDaShow Nov 5 #11
Thanks for your thoughts. I'll look for that OP. ancianita Nov 5 #15
I fixed my reply to indicate "eliminate Legislative Branch" vs Executive Branch BumRushDaShow Nov 5 #19
Just posted BumRushDaShow Nov 5 #29
Will check it out. Thanks. ancianita Nov 5 #30
Nothing can turn the "legacy" of the Roberts corrupt supreme court, into a good "legacy". Escurumbele Nov 5 #14
I hear you. ancianita Nov 5 #16
He did leave the ACA hanging by a thread BumRushDaShow Nov 5 #24
we can only hope that's what they are seeing and thinking LymphocyteLover Nov 6 #39
Spinal Re-location TBD. maxsolomon Nov 5 #10
Yeah... progressoid Nov 5 #18
Physically impossible to substitute a wishbone for a backbone. BattleRow Nov 5 #25
Lets hope they found their spine and they are not just acting, that is what happened with the so called Escurumbele Nov 5 #12
2 of them are likely to be in the Epstein files. KS Toronado Nov 5 #22
I'm not so sure it's spine. We'll find out when they rule. pat_k Nov 5 #32
hear, hear jaymac Nov 6 #38
My nervous system goes into red alert any time any of the felon's minions speak. pat_k Nov 6 #40
Don't get too excited if SCOTUS declares Tariffs imposed under IEEPA to be illegal. pat_k Nov 7 #43
No shit popsdenver Nov 5 #4
Kick BlueWavePsych Nov 5 #6
Langston Hughes knows about Justice Mblaze Nov 5 #9
Well,this one's a trifecta..deaf,dumb and blind BattleRow Nov 5 #27
Gorsuch said, Mblaze Nov 5 #8
Of course the knuckle draggers that listen to Fox News et al progressoid Nov 5 #13
maga judges might be waking up to find their immunity ruling has come back to bite them -- ancianita Nov 5 #17
Agree but wasn't it a stipulation of the "immunity" that was granted the fact that THEY would determine an immune act Cheezoholic Nov 5 #20
Sure. They said that. Now let's see how they work it to the benefit of themselves. ancianita Nov 5 #23
The intoxicating air of entitlement BattleRow Nov 5 #28
"When you dance with the devil, you don't get to pick the tune." Perfect! pat_k Nov 5 #34
My speculation in post 32 is in line with this. pat_k Nov 5 #33
Yes. ancianita Nov 6 #42
I believe there is a Civil War in the Judiciary. pfitz59 Nov 5 #21
"the corrupt political appointees at the top are finally feeling the heat." BumRushDaShow Nov 5 #26
One thing about the shadow docket: The decisions can be challenged as failing to create any sort of binding precedent. pat_k Nov 5 #35
But the problem is that they allow the "move fast and break things" rapid destruction of many insitutions BumRushDaShow Nov 6 #37
I was on a long drive and heard most of the argument. TomSlick Nov 5 #31
'Are there any limits?': Justice Gorsuch presses Trump lawyer on presidential power - MSNBC Reports Rhiannon12866 Nov 6 #36
Congress is already abdicating the power to declare war to the President harun Nov 6 #41

BumRushDaShow

(163,346 posts)
5. Because they have already seen 45 and his cabal, wantonly violating court orders with no repercussions
Wed Nov 5, 2025, 05:53 PM
Nov 5

and that means that the SCOTUS would eventually become irrelevant, since they declared that 45 is "immune", and can pardon anyone he wants, for any egregious crime, and there is nothing that anyone will do about it.

ancianita

(42,578 posts)
7. So are they moving toward protecting separation of powers? If so, what does that mean for the Roberts court legacy?
Wed Nov 5, 2025, 06:03 PM
Nov 5

That they expanded Executive Power while -- now -- preserving power of the People's Branch and their own branch's relevance?

If this is what's happening, at the very least it means that liberty is prioritized over kingly powers they granted with their immunity ruling. Cleaning up the maga mess they made isn't much of a legacy.
(just thinking out loud here)

BumRushDaShow

(163,346 posts)
11. I have another OP to post on this
Wed Nov 5, 2025, 06:15 PM
Nov 5

Last edited Wed Nov 5, 2025, 07:07 PM - Edit history (1)

I don't want to get my hopes up. But since this tariffs thing is the first "major" disputed Constitutional divide with respect to the "Unitary Executive" (as they still haven't dealt with the "Birthright Citizenship" thing) then just based on the types of questions, some of the vapid 6 are starting to "see" the attempt to eliminate the powers of the Executive Branch Legislative Branch (fixed) and that means they may be next.

The Appellate Courts have all said this but the SCOTUS "stays" have been helping to fuel that drive towards usurping the intentions of Congress (and it's not just with those 2 issues but now with the financial stuff - basically ignoring the "Budget Control and Impoundment Act" as well, by picking and choosing what to fund and not to fund, regardless of what Congress intended).

ancianita

(42,578 posts)
15. Thanks for your thoughts. I'll look for that OP.
Wed Nov 5, 2025, 06:51 PM
Nov 5

I posted an OP about the "questions" on Tuesday, and am interested to see whether other rulings you note show a shift in their thinking, whether it's more about where their judicial allegiance (yes, fear and favor) lies, or more about preserving liberty through clearly defined branch sovereignty.
Looks like their dealing with bs funding "issues" and how trump's buddy acts as head of the OMB.
https://democraticunderground.com/1016416949

If they're motivated by future relevancy and the Roberts court's legacy, it's because the maga 6's immunity ruling brought all this on themselves.

BumRushDaShow

(163,346 posts)
19. I fixed my reply to indicate "eliminate Legislative Branch" vs Executive Branch
Wed Nov 5, 2025, 07:15 PM
Nov 5

Just took a look at your link and yeah - there are a bunch of other little "doctrines" that are suddenly bubbling up in their questioning.

I know that John Yoo was one of the biggest pushers of the "Unitary Executive" (and there are others). There was a recent interview with Yoo, who has risen from the dead, and has found new life in what is happening - 'Unitary executive theory' argues to restore the president's authority

And agree that although Roberts claimed that the "immunity" applied to "carrying out the President's 'official' duties", 45 has acted as if it applies to EVERYTHING that he has done, and EVERYTHING is "official" - whether before he was President, during a term, or after. Basically for all time (and underscored by the fact that he can pardon himself).

And nothing has been done to smack that down and put some guardrails around that nonsense.

BumRushDaShow

(163,346 posts)
24. He did leave the ACA hanging by a thread
Wed Nov 5, 2025, 07:28 PM
Nov 5

but it still exists (although he ditched the "state mandate" ).

Escurumbele

(3,966 posts)
12. Lets hope they found their spine and they are not just acting, that is what happened with the so called
Wed Nov 5, 2025, 06:40 PM
Nov 5

presidential immunity, they asked the hard questions to later give him the win. I suppose trump will call them, privately, at some point to remind them of the dirt he has on them so they can capitulate.

pat_k

(12,477 posts)
32. I'm not so sure it's spine. We'll find out when they rule.
Wed Nov 5, 2025, 10:35 PM
Nov 5

Last edited Thu Nov 6, 2025, 04:12 PM - Edit history (1)

Perhaps a few of the six black-robed traitors may be feeling the political winds. The Senate Tariff vote going into these hearings has got to be front of mind.

It may be dawning on Roberts, Coney Barrett, and even Gorsuch, that if they don't actually defend the constitution on a few of these decisions that they will most certainly go down in history as the majority of a SCOTUS so corrupt that it enabled the the most destructive, lawless, corrupt, and fundamentally Un-American executive branch in our history.

They may think they can somehow redeem themselves with a few slap-downs.

The thing is, they can't. They will ultimately be denounced as the traitors to the constitution and the law that they are.

jaymac

(116 posts)
38. hear, hear
Thu Nov 6, 2025, 06:29 AM
Nov 6

well said........Gorsuch is such an entitled snobbish ugh..........just hearing him speak makes my hackles go up.

pat_k

(12,477 posts)
40. My nervous system goes into red alert any time any of the felon's minions speak.
Thu Nov 6, 2025, 04:16 PM
Nov 6

I get my news in writing -- and that is bad enough. I just can't bear seeing or hearing any of them.

I wish more of the "good guy" podcasters would do what Mary Trump does and alter their voices or just read what was said.

pat_k

(12,477 posts)
43. Don't get too excited if SCOTUS declares Tariffs imposed under IEEPA to be illegal.
Fri Nov 7, 2025, 03:34 AM
Nov 7

His absurdly broad and unprecedented use of IEEPA looks like it is unlikely to stand up. Unfortunately for us, the regime will just come up with some "work around" and keep the tariffs in place, with each new play being subject of legal action.

Here's an Alert from Covington summarizing things the felon will try:

https://www.cov.com/en/news-and-insights/insights/2025/11/dont-count-on-immediate-ieepa-refunds-what-president-trump-might-do-if-scotus-throws-out-ieepa-tariffs

The President possesses the authority to impose tariffs under a variety of trade statutes that he can turn to if the Supreme Court rules that IEEPA does not, or constitutionally cannot, provide broad tariff-setting authority to the executive. Some of these authorities, including Section 301 of the Trade Act of 1974 and Section 232 of the Trade Expansion Act of 1962, require the executive branch to conduct investigations and prepare bespoke reports before imposing new tariffs. However, two authorities empower the President to potentially impose tariffs without any predicate agency action: (1) Section 122 of the Trade Act of 1974, which empowers the President to impose tariffs of up to 15 percent for a period of 150 days to address balance-of-payment problems; and (2) Section 338 of the Tariff Act of 1930, which permits the President to impose new or additional tariffs up to 50 percent without any durational limit to counter discrimination by foreign governments against U.S. commerce.

Neither of these authorities have been previously challenged in court. Section 122 has never been used, and Section 338 has also largely gone unused. In particular, Section 338 was invoked only a few times shortly after its enactment in 1930, but no president has directly applied it to impose tariffs. Because these authorities may allow the President to impose tariffs without preceding action from an agency or Congress, the President could notionally seek to invoke them in swiftly responding to a potential ruling from the Supreme Court holding IEEPA tariffs unlawful. There are at least two possible ways the Trump Administration—acting unilaterally—might try to use other legal bases to authorize tariffs previously collected under IEEPA. Both actions would present challenges, but the Administration has consistently pursued aggressive action in the face of uncertain legal landscapes, in the trade context and others. Alternatively, the President could attempt to work with Congress to retroactively authorize the IEEPA tariffs.


The two options that are detailed are:

A. The President May Rely on Other Tariff Statutes to Maintain Tariffs Imposed Under Existing IEEPA Executive Orders

B. The President May Rely on Tariff Statutes Outside IEEPA to Issue New Executive Orders to Apply Tariffs Retroactively



popsdenver

(1,017 posts)
4. No shit
Wed Nov 5, 2025, 05:50 PM
Nov 5

The Republicans in the U.S. Senate, The Republicans in the U.S. House, and the Republicans in the U.S. Supreme Court have all been in lockstep giving 2025, Putin, and Trump anything they want for years.............

If it weren't for them, Trump wouldn't have lasted one day in the White House, especially after J6th........

Mblaze

(881 posts)
9. Langston Hughes knows about Justice
Wed Nov 5, 2025, 06:08 PM
Nov 5

Justice

That Justice is a blind goddess
Is a thing to which we black are wise:
Her bandage hides two festering sores
That once perhaps were eyes

Mblaze

(881 posts)
8. Gorsuch said,
Wed Nov 5, 2025, 06:06 PM
Nov 5

"If that’s true, what would prohibit Congress from just abdicating all responsibility to regulate foreign commerce, or for that matter, declare war to the President?”

Neil, that is exactly what Republicans have been working toward for decades. The "Unitary Executive" or what non-cultists call it, Autocracy.

That's what you are up against. Do you really want America to become an Autocracy? Is that what our Constitution wants? Do America a favor and make Congress do its job.

progressoid

(52,322 posts)
13. Of course the knuckle draggers that listen to Fox News et al
Wed Nov 5, 2025, 06:42 PM
Nov 5

don't realize that they actually oppose a "Unitary Executive."

But that only applies when a Democrat is in office.

ancianita

(42,578 posts)
17. maga judges might be waking up to find their immunity ruling has come back to bite them --
Wed Nov 5, 2025, 06:58 PM
Nov 5

-- that they find themselves up against the fallout across America of their previous unjust and stupid immunity ruling.

Cheezoholic

(3,453 posts)
20. Agree but wasn't it a stipulation of the "immunity" that was granted the fact that THEY would determine an immune act
Wed Nov 5, 2025, 07:15 PM
Nov 5

or whether an "action" fell under the umbrella of immunity granted by their decision if needed. I was always under the impression that they were actually empowering themselves above Congress as a check on the President. I'm probably wrong lol.

ancianita

(42,578 posts)
23. Sure. They said that. Now let's see how they work it to the benefit of themselves.
Wed Nov 5, 2025, 07:26 PM
Nov 5

You make a great point that they were empowering themselves above Congress as a check on the president. And now they have to do that.

But they also know this: they will also benefit themselves and their legacy if they stand up for Congress as The People's first branch -- not as the current branch bought partisan reps of the rich, but as the first branch that must not be weakened so that future reps can work for the future liberty of those who vote back those who care about doing their jobs for the 99%, not the 1%.

No, you're not at all wrong. It's just that there are so many ways the maga 6 might continue their past self serving stupidity. Let's hope they wake up enough to clean up the 3 branch mess they've made.

BattleRow

(2,018 posts)
28. The intoxicating air of entitlement
Wed Nov 5, 2025, 07:45 PM
Nov 5

No one who has chosen the arrogance to willfully dance with the devil should expect the option to pick the tune.

pat_k

(12,477 posts)
34. "When you dance with the devil, you don't get to pick the tune." Perfect!
Wed Nov 5, 2025, 10:56 PM
Nov 5

I'm sure there are other forms of the quote that go back further, but it seems Sherrilyn Kenyon, Infinity (Chronicles of Nick, #1) is the source.

From urban/paranormal/dark fantasy comes a metaphor for our times.



pfitz59

(12,085 posts)
21. I believe there is a Civil War in the Judiciary.
Wed Nov 5, 2025, 07:20 PM
Nov 5

SCrOTUS has shit on the lower courts 'perfect' rulings so many times that the corrupt political appointees at the top are finally feeling the heat. Perhaps threats about 'private' emails and conversations being made public?

BumRushDaShow

(163,346 posts)
26. "the corrupt political appointees at the top are finally feeling the heat."
Wed Nov 5, 2025, 07:37 PM
Nov 5

That's because lower court judges - both at the district and Appellate levels - have finally started "publicly" calling them out - and primarily due to this sudden massive use of the "shadow docket" to essentially torpedo all the work they did for justifications of a stay, and allow the violations to continue.

In the meantime, the lower courts are now forced to struggle with how to even proceed with this sudden "doubt" about what they are even doing based on what is being implied by use of those "shadow reversals" of their stays, time and time and time again.

pat_k

(12,477 posts)
35. One thing about the shadow docket: The decisions can be challenged as failing to create any sort of binding precedent.
Wed Nov 5, 2025, 11:05 PM
Nov 5

When they issue rulings with no opinion, those rulings are literally meaningless (beyond the effect on the state of affairs at the time).

I'm not a lawyer, but it seems to me that shadow docket rulings that offer no logic or argument on which subsequent lawsuits on similar matters and motions can be judged or argued have limited lasting effect beyond the immediate controversy.

BumRushDaShow

(163,346 posts)
37. But the problem is that they allow the "move fast and break things" rapid destruction of many insitutions
Thu Nov 6, 2025, 05:03 AM
Nov 6

and by the time the lower courts finish their review and final decision, making them now available for a final SCOTUS appeal ruling (if they even accept an appeal), there's nothing left.

USAID is an example.

TomSlick

(12,812 posts)
31. I was on a long drive and heard most of the argument.
Wed Nov 5, 2025, 08:59 PM
Nov 5

Sauer talks really fast to try to prevent the Justices from asking questions.

Justice(?) Thomas kept trying to throw Sauer a lifeline but Sauer kept swatting it aside. The other Justices that asked questions seemed skeptical of Sauer's argument.

Rhiannon12866

(247,023 posts)
36. 'Are there any limits?': Justice Gorsuch presses Trump lawyer on presidential power - MSNBC Reports
Thu Nov 6, 2025, 03:16 AM
Nov 6


Supreme Court Justice Neil Gorsuch, who was nominated by Trump, expressed skepticism over U.S. Solicitor General D. John Sauer’s argument that the president has the power to impose sweeping tariffs. - Aired on 11/05/2025.


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