Monday, February 23, 2026

Fallout from Liberty Justice v. Trump

If I had millions of dollars to burn on activist suits, I would sue the Supreme Court to clarify its ruling in Liberty Justice (VOS Solutions) v. Trump and explain why the ruling does not illegally conflate taxes which apply internally with tariffs, which apply at borders, and explain how taxes are not illegally separated from other regulatory tools in the ruling.

If taxes are not regulatory in function, then all of the "federal" welfare regulation enabled by the income tax should be declared null and void, and the 16th Amendment itself should be declared non-functional, because it requires breaking parts of the Constitution that are not addressed in the Amendment. And the power to tax individuals should be returned to the individual states or below.

I personally don't like Congress giving the president powers like this, but Congress did. 

The decision, it it is valid, should limit itself to suspending further application of the law in question until Congress can fix it by removing the supposed ambiguity.

That would eliminate the post-facto legislative effects that the decision in its present form seems to incur.

It is not the responsibility of the courts to rewrite law.

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