Here’s more—adapted from a twitter thread—on developments of the last 24 hours – including Pence’s Canadian visit, Lighthizer’s submission of NAFTA text to Congress, and Trump’s impetuous launching of a trade offensive against Mexico…
Of course, Trudeau was always ill-advised to move forward with ratification until it was clear that there was a deal with Democrats to be had – likely in the text of a renegotiated agreement that Parliament would have to re-approve.
Poison pills that make Democrats and Mexicans the problem.
This starts the Fast Track clock, allowing the administration to drop implementing legislation as soon as June 29. Under normal times, this would mean Congress would vote on it by September 27.
But these aren’t normal times. Speaker Nancy Pelosi immediately responded with this, calling the move “not a positive step. It indicates a lack of knowledge on the part of the Administration on the policy and process to pass a trade agreement.”
Who thinks THIS Senate will stand up to Trump?
Though it technically predated IEEPA, my reading is that the court’s reasoning would still be valid under the TWEA as amended.
This puts us, in Justice Robert Jackson’s words from Youngstown v. Sawyer (1952), in a “zone of twilight” – and one we can’t expect the courts will save us from.
The ball is in Congress’ court. Mismanagement of foreign affairs definitely qualifies as the type of defect of public administration Hamilton described as a basis for impeachment.
Could the Mexico crisis be an 11th article of impeachment alongside the 10 episodes of potential obstruction of justice identified by Mueller? Past impeachments (of judges) often grouped various diverse bits of behavior together.
Good point here by Alex Lawson.
Of course, it’s been a while since presidents have acted in ways that might trigger these precedents. Since the Roberts Court didn’t block the #MuslimBan, all bets are off.
I’m more optimistic that SCOTUS might block the 232 tariffs, because there the policy objectives of restraining Trump happen to coincide not only with free trade but also destroying what’s left of the New Deal administrative state. Read more here.