POLITICO Nightly: The case that could blow up Trump’s tariff plan

 

By Ankush Khardori Presented by  President Donald Trump holds up a chart of "reciprocal tariffs" while speaking during a “Make America Wealthy Again” trade announcement event in the Rose Garden at the White House on April 2, 2025 in Washington, DC. | Chip Somodevilla/Getty Images HOT BENCH — The U.S. Court of International Trade isn’t typically a major focus of the political world. But today, a three-judge panel on the court held the first oral argument in the cases challenging the legal basis for the Trump administration’s tariff framework, moving closer to a decision that could have major consequences for the American political system and the global economy. The case is one of at least seven to date that have been filed to try to nullify Trump’s tariffs. Thus far, these lawsuits have attracted the support of groups across the political spectrum, including some prominent conservatives and former Republican government officials , more than 100 Democratic members of Congress , the libertarian Cato Institute and the liberal Brennan Center for Justice . The plaintiffs, a group of small businesses who claim that Trump’s tariffs are illegal and will decimate their businesses, are represented by the Liberty Justice Center, a libertarian public interest litigation firm. Over the course of roughly two hours today, the three judges on the panel — a mix of appointees of presidents Reagan, Obama and Trump — peppered lawyers for both sides with questions about the scope of the International Economic Emergency Powers Act, which Trump has used to justify the bulk of his tariffs. That law authorizes the president to act when there is an “unusual and extraordinary threat , which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.” The judges’ questions reflected a range of issues relevant to the case. They included (1) whether the courts have the power — or are even equipped — to review a presidential determination that there has been an “unusual and extraordinary threat” or “national emergency”; (2) whether the power to “regulate” the importation of goods provided under the statute includes the power to tax them or issue tariffs; (3) whether a 50-year-old appellate court decision effectively controls the outcome of the case; and (4) whether there is any limiting principle to the government’s position, which is effectively that the president has the unilateral and unreviewable authority to issue, revoke and modify tariffs across the globe whenever he wants. The judges at times seemed disinclined to weigh in on the question of whether “trade deficits” constitute an “unusual and extraordinary threat” or a “national emergency,” as the Trump administration has claimed . They pressed the plaintiffs’ lawyer (albeit without much success) on whether he could come up with a judicially manageable standard that they could use to address such questions. The judges seemed relatively more receptive to the plaintiffs’ arguments concerning the historically unprecedented nature of Trump’s tariffs and whether Congress truly intended to grant the president the sweeping authority that the administration has claimed. After all, the Constitution gives Congress the authority to tax and impose tariffs , and they have delegated that authority to the president through a handful of trade statutes. No president has used IEEPA to impose tariffs before, and no president has claimed the broad and unfettered authority in this area that Trump has. The judges’ questioning of the Justice Department attorney representing the government was similarly probing. The government has placed much emphasis on that 50-year-old decision , which affirmed President Nixon’s power to impose targeted tariffs under a predecessor statute to IEEPA known as the Trading With the Enemy Act. But the court wrote at the time that it was not signing off “in advance [on] any future surcharge of a different nature, or any surcharge differently applied or any surcharge not reasonably related to the emergency declared.” It hardly needs to be said that much has changed since 1975 — including the emergence of a 6-3 conservative super-majority on the Supreme Court that claims to be far more reluctant to read broad grants of executive power into statutes passed by Congress. It wasn’t clear from the argument how the panel will ultimately rule. But the sweeping nature of the government’s position seemed to unsettle at least one judge on the panel — U.S. District Judge Jane Restani — who at one point asked the government’s lawyer whether the president could declare an emergency if he decides that there is a national shortage of peanut butter. The answer was not particularly illuminating. “What you’re saying,” Restani told the lawyer, “is there’s no limit” to the president’s power. Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com . Or contact tonight’s author at akhardori@politico.com .   A message from AARP: Americans pay the highest prices in the world for prescription drugs, and big drug companies are fighting to keep it that way. They’re pushing Congress to delay Medicare’s ability to negotiate prescription drug prices—that would cost taxpayers billions and force seniors to keep paying more. Congress: Stand with America’s seniors, not big drug companies. Protect Medicare negotiation. Learn more.   What'd I Miss? ***SYRIA SANCTIONS LIFTED...IRAN....**** — In Saudi Arabia speech, Trump says he’ll lift Syria sanctions and urges Iran to negotiate: President Donald Trump lifted sanctions on Syria today and dangled a similar enticement to Iran during a speech in Saudi Arabia, offering himself up as a historic peacemaker and outlining a transactional vision for future cooperation in the Middle East based on “commerce, not chaos.” Expressing hope about Syria’s new government, Trump announced that he would lift all sanctions on Damascus “to give them a chance at greatness,” something he said the leaders of Turkey and Saudi Arabia had encouraged him to do. ***ALIEN ENEMIES ACT*** — Judge backs Trump’s invocation of Alien Enemies Act for deportations: A federal judge for the first time has backed President Donald Trump’s invocation of the Alien Enemies Act, a war power Trump has used to deport Venezuelans he claims are part of a criminal gang . U.S. District Judge Stephanie Haines, a Trump appointee to the bench in Pennsylvania, upheld Trump’s March 14 proclamation declaring that Tren de Aragua, a violent gang based in Venezuela, is mounting an “incursion” into the United States. — Top Harris adviser blames former president for 2024 loss: A top campaign aide to former Vice President Kamala Harris blames former President Joe Biden for Harris’ loss , saying “it’s all Biden” in a new book about the former commander in chief’s apparent deterioration during the 2024 race. The perspective shared by David Plouffe, who worked on Harris’ 2024 presidential campaign, underscores a frustration held by some Democrats: that Biden’s reluctance to remove himself earlier from the White House race sealed the fate of Harris’ election bid. ***$400 MILLION BOEING 747 FROM QATAR!*** — GOP heavyweights join bipartisan bashing of Trump Qatar jet deal: A number of Republican lawmakers are souring on President Donald Trump’s plans to accept a luxury Boeing 747 aircraft as a gift from Qatar — a rare series of rebukes of the president by his allies in Congress. Senate Majority Leader John Thune became the most prominent Republican to express discomfort with the deal, telling reporters today there are “lots of issues associated with that offer which I think need to be further talked about.” ****SLASHING MEDICAID TO FUND TAX CUTS FOR THE WEALTHY AMID MAGA GOP LIES!**** — Medicaid cut protesters disrupt GOP megabill markup, 25 arrested: No sooner had the House Energy and Commerce Committee kicked off its markup of the GOP’s “big, beautiful bill” than protesters descended upon the proceedings . U.S. Capitol Police was forced to quickly arrest 25 people and remove several protestors in wheelchairs from the hearing room amid chants of “no cuts to Medicaid” and “waste, fraud and abuse my ass.” Committee Chair Brett Guthrie (R-Ky.) repeatedly pounded his gavel and said that “disruption of Congressional business is a violation of law and is a criminal offense.” ****THESE COMMENTS ARE SORELY LACKING! MANY PEOPLE & BUSINESSES STOCKED UP PRIOR TO THE IMPOSITION OF TARIFFS! SLASHING PROGRAMS & PERSONNEL WILL CAUSE CONCEALED CONSEQUENCES! SOME HAVE ALREADY PREDICTED "STAGFLATION": A RECESSION FILLED WITH INFLATIONARY COSTS! **** Local scientists, fisheries and weather forecasters feeling impact of NOAA cuts WBUR Oyster farmers brace for rising costs under Trump’s tariffs NEW BEDFORD LIGHT — Trump tariffs have little impact on prices so far, defying grim forecasts: Prices climbed at an unexpectedly slow pace last month , offering a boost to President Donald Trump, whose aggressive trade policies have sparked fears of a resurgence in inflation. The Labor Department on Tuesday reported that prices rose at an annual rate of 2.3 percent, the smallest increase since early 2021. While price growth in so-called core sectors of the economy — which exclude volatile food and energy costs — remained elevated at 2.8 percent, April’s Consumer Price Index contained only scant evidence that Trump’s tariffs have meaningfully driven up the cost of living.   A message from AARP:   AROUND THE WORLD French President Emmanuel Macron getting interviewed during his guest appearance on a special program for French channel TF1 in Saint-Denis, France on May 13, 2025. | Ludovic Marin/AFP via Getty Images READYING NEW SANCTIONS — French President Emmanuel Macron said today that the European Commission was readying a new package of sanctions against Russia "in the coming days" in cooperation with the United States. Macron said this next package of sanctions would target "financial services, and oil, on secondary sellers" if Russia does not agree to a ceasefire during a major prime-time interview on French television. The French president's comments come after he and the leaders of Germany, the United Kingdom and Poland were on Saturday in Kyiv to show their support for Ukraine. During the visit, the leaders floated taking new sanctions against Moscow. WILL PUTIN SHOW UP? — EU High Representative Kaja Kallas doesn’t think the meeting between the Ukrainian and Russian presidents will actually take place this week. Speaking at the Copenhagen Democracy Summit today, Kallas said that, although Ukraine’s President Volodymyr Zelenskyy made the right decision in accepting Russian President Vladimir Putin’s invitation to meet in Turkey on Thursday, it’s “a big question” whether Putin is actually willing to meet with Zelenskyy there. “I think it’s a good move if they sit down, I think it should be between Zelenskyy and Putin, but I don’t think [Putin] dares, I guess,” Kallas said. More than three years after the start of Moscow’s full-scale invasion of Ukraine, Putin offered Zelenskyy direct talks this week “without any preconditions.” Zelenskyy called Putin’s bluff — but added that Ukraine will only accept peace talks if the Kremlin agrees to a 30-day ceasefire, a proposal the United States made two months ago. GREENLAND SPY GAME — Denmark’s Defense Minister Troels Lund Poulsen refused to comment on recent reports that the U.S. has increased its spying on Greenland . Poulsen, Denmark's deputy prime minister, was also reluctant to address U.S. President Donald Trump’s threat to annex Greenland, a Danish territory, stressing that Washington “is a friend of Europe and Denmark.” “We’re strong allies within NATO, and I will not be able to imagine that one NATO country could take a part of another NATO country,” Poulsen said today at the Copenhagen Democracy Summit. “I don't think that this is a serious discussion.” “We are, together with Greenland and the Faroe Islands, the Kingdom of Denmark, and the U.S. cannot take a part of this kingdom,” the defense minister added. Nightly Number 7.6 million The number of people who would go uninsured under the Medicaid portions of the GOP megabill , according to estimates from the nonpartisan Congressional Budget Office.   A message from AARP: When it comes to Medicare negotiation, Congress faces a clear choice: allow drug companies to keep ripping off Americans, or act now to stand with seniors. Protect Medicare negotiation so America’s seniors can pay fair prices for their prescriptions. Congress: Stand strong with America’s seniors. Protect Medicare’s power to negotiate and deliver fair prices for lifesaving prescriptions. Learn more.   RADAR SWEEP TASTES LIKE CHICKEN — The chicken sandwich craze looked like it had reached its zenith in 2019, when Popeyes introduced its own version of crispy chicken between two buns. But fried-chicken sandwich consumption remains up in the United States, while burger consumption is down. And in the six years since the Popeyes cultural moment, people have only gotten more fanatical about their preferences. Now, more fast-food and fast-casual restaurants dedicated to chicken are opening around the country, taking advantage of a populace turning away from basic beef and toward the customizable potential of poultry , writes Ellen Cushing for The Atlantic. Parting Image On this date in 1960: Then-Sen. John F. Kennedy stands on a platform as he shakes hands with a crowd of people that greeted him at Westview shopping center in Baltimore, Md. | AP Did someone forward this email to you?  Sign up here .   Follow us on X Charlie Mahtesian @PoliticoCharlie Calder McHugh @calder_mchugh   Follow us

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MAGA Wants to SHUT DOWN MeidasTouch After Win… Ben Meiselas and MeidasTouch Network May 14 By Ben Meiselas Hey Meidas Mighty. It’s like clockwork with Trumpers and MAGA. After we hit a major milestone or big win, they attack us and call on their dear leader to try and shut us down. Following the announcement by the Webbys that the MeidasTouch Podcast won Podcast of the Year, we were hit with more attacks and calls by Trumpers to shut us down. We were also targeted by an account on this Substack that tried to steal our identity and harass our supporters here. Thank you to everyone who brought this to our attention so we could report and ban that offending account immediately. It also seems that during our live shows, the trolls and harassers have picked up in a coordinated effort since the Webby win. A special thanks to our moderators for banning all these accounts that try to interfere with the viewing experience. We appreciate your help so much. I’ve only been working off a few hours of sleep since I’ve been in New York, so I hope you don’t mind if I keep this post short. I want to thank you all for having our back throughout all of this. This is a fight we must win—and will win—together against Trump and his fascist regime. Your subscriptions to this Substack have allowed us to become the most viewed news channel on YouTube and the most downloaded podcast in America (Remember to add the MeidasTouch Podcast on Apple Podcasts and Spotify). With the Webby Award, we expected to get more threats and attacks, and as Kurt Vonnegut said, “and so it goes.” To anyone who hasn’t yet subscribed to this Substack, we need your help more than ever. Please subscribe today. Our Editor-in-Chief Ron Filipkowski writes the best and most comprehensive daily bulletins out there. We post the top exclusive interviews here with Democratic leaders. And most importantly, subscribing helps the MeidasTouch Network grow and allows us to continue beating Fox and all right-wing podcasts combined. So please subscribe now if you can and help MeidasTouch independent reporting grow. Meidas+ is a reader-supported publication. To receive new posts and support our work, consider becoming a free or paid subscriber.

Bowen wins special election for state rep ANOTHER DEMOCRATIC WIN IN MASSACHUSETTS!

 

Bowen wins special election for state rep

The Democrat and current city councilor defeated Republican candidate Medley Long

Paul Leighton

May 13, 2025

Hannah Bowen rolled to a big victory over Medley Long on Tuesday in a special election to determine the city’s new state representative.

Bowen, a Democrat and a current Beverly city councilor, won by a vote margin of 3,949 to 1,406, according to unofficial results from the City Clerk’s office. That amounts to about 73% of the vote.

“This is incredible,” Bowen said to about 70 supporters at Gentile Brewing Company on Park Street. “I am so humbled and honored and excited and slightly exhausted and so grateful to you all.”

Long, a businessman and former president of the Greater Beverly Chamber of Commerce, was trying to become the first Republican to represent Beverly in the Massachusetts House of Representatives since James Henry in 1990.

But Bowen swept all six wards in Beverly, including Long’s home Ward 6 in Beverly Farms. She also took Precinct 1 in Wenham, which is part of the 6th Essex District that she will represent.

Long, who held an after-election party at Hale Street Tavern, called Bowen to congratulate her and thank her “for running a very kind campaign,” he said.

“I’m incredibly blown away by the support that I’ve had,” Long said. “We didn’t get the outcome we wanted, but my message of affordability, accountability and transparency on Beacon Hill resonated with the people of Beverly and Wenham.”

Medley Long

Long said he was proud to have run “the first serious Republican campaign for the 6th Essex District seat in over 30 years.”

Bowen will serve out the remainder of the term of Jerry Parisella, who resigned in January following his confirmation as a District Court judge. Parisella had been reelected to a two-year term in November. He had been the state rep for 12 years.

Bowen said she did not know when she would be sworn in, but expected it to happen “soon.”

In her remarks at Gentile Brewery, Bowen thanked a long list of supporters, including her family. She said the campaign came at a “pretty scary time in our politics.”

“It’s been heavy,” she said. “But it doesn’t feel heavy tonight because of what we are doing. There are plenty of forces out there trying to make us feel isolated and small and divided. And what is in this room is the antidote to that. When we come together, this is what it feels like.”

Tuesday’s victory was the second in a month for Bowen. She defeaed fellow city councilor Todd Rotondo in the Democratic primary on April 15.

Mary Grant, who served as Beverly’s state representative from 2002 to 2010 and supported Bowen in her campaign, called it a “well-deserved victory.”

“She ran hard in a tough, intense time frame and people showed up,” Grant said. “She showed her work ethic in this campaign.”

Bowen, 43, is the executive director of The Resolution Center, a nonprofit that provides conflict resolution and training services in Essex County. She has been a city councilor-at-large since 2022.

Bowen outspent Long by a more than 3-to-1 margin on the campaign, $58,720 to $16,103, according to state campaign finance records.

Long said he will continue to serve Beverly in his roles as president of Beverly Homecoming, vice president of the Beverly Farms Improvement Association, and a volunteer with the Beverly 400+ Committee.

“I love Beverly,” he said. “I have served Beverly my entire life. This is just the beginning. My name is out there, my message is out there. We will see what the next step is.”

VIDEO ON LINK:

THE BEVERLY BEAT

 

It’s another huge pickup for Democrats—and another sign that the political environment is grim for Republicans. Even though we have a tiny staff (just two of us!), we knew we had to bring you an immediate update on tonight’s big victory for Nebraska Democrats. It might not make headlines in the major outlets, but that’s precisely why The Downballot exists: to shed light on important elections that most folks overlook. If you’ve grown to love our one-of-a-kind coverage of these kinds of races, then we hope you’ll consider joining our team as a paid subscriber by clicking the button below. Thank you, David Nir, Publisher Democrats just flipped Nebraska's biggest city And it should make GOP Rep. Don Bacon nervous about next year Jeff Singer May 14 Omaha Mayor-elect John Ewing (D), at left (credit: John Ewing Facebook) Democrat John Ewing unseated Republican Mayor Jean Stothert in Tuesday's officially nonpartisan election to lead Omaha, a victory that ends the GOP's 12-year hold on Nebraska's largest city. Stothert conceded the race after 9 PM local time with Ewing ahead 54-46, though more votes remained to be counted. Ewing, who will be Omaha's first Black mayor, overcame a large fundraising disadvantage in his campaign to deny Stothert what would have been an unprecedented fourth term. But Ewing, who serves as Douglas County treasurer, benefited from voters' unhappiness with the incumbent. The challenger argued Stothert had failed to solve the city's transportation problems and strengthen the police force during her long tenure. Ewing also sought to tie the mayor to Donald Trump, whom Stothert has tried to avoid associating with during her time leading this Democratic-leaning city. Ewing additionally enjoyed the support of former state Sen. Mike McDonnell, a Democrat-turned-Republican who came in third during the first round of voting. Stothert tried to push back by airing transphobic ads late in the race, a favorite tactic of today's GOP. The mayor did not, however, point to any statements Ewing had made to back up her claim that he'd sided "with radicals" who want "boys in girls' bathrooms and sports." Instead, she complained about her opponent's Trump-themed ads. "I would bring it back to, 'Why is John Ewing trying to relate me to Donald Trump and saying the city is in chaos?" Stothert told reporters on Friday. "Donald Trump has not called me and asked me for advice." Stothert's defeat on Tuesday likely ends any chance she'll receive any such call from the White House. Ewing's victory not only immediately makes him one of the most prominent Democrats in the state, it also gives his party more reason to be optimistic about unseating Republican Rep. Don Bacon next year. According to new calculations from The Downballot, Bacon's swingy 2nd District in the Omaha area is the bluest seat in the House held by a Republican. The congressman said last month that he would decide in "late summer" whether to run again or call it quits. Thank you so much for being a free subscriber to The Downballot! To support our work, we’d be grateful if you’d become a paid subscriber.

NEMASKET WEEK

 

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