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Plan B is to reimpose the tariffs using the Section 122 of the 1974 Trade Act and Section 301 which puts the tariffs on firm legal footing. In fact the ruling by the ITC Court on the use of emergency powers under IEEPA law said there was already Section 122 on the basis of which serious trade imbalances could be addressed. Trade Adviser Navarro told Bloomberg that this was a possible strategy to reimpose the tariffs. The federal appeals court has allowed the tariffs to remain in place after the ITC ruling. The administration is appealing it to the US Supreme Court saying that the ITC ruling has unfairly jeopardized the president's negotiations with other countries. 

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This Washington Post look at Merrick Garland, U.S. president Obama's nominee for Supreme Court Justice, reveals a person who is meticulous and methodical in his legal work, less interested in ideological opinion. He is also seen as a person aspiring for higher office and making the right connections since he went to Harvard from Niles West High school in Chicago's North Shore suburbs- from his connections with Congressman Abner Mikva, Supreme Court Justice Brennan, Attorney General Benjamin Civiletti, which he assiduously pursued. Early in his first year at Harvard as an undergraduate Garland switched from a pathway for study of medicine to social sciences because the impact was greater he believed in such work. Here peers and colleagues at Harvard Law School, the Justice Department, give high marks to Garland for his legal work and his ability to take an objective view to obtain consensus. He has obtained consensus by writing the arguments in difficult cases in a way that limit debate, by studying the issues very carefully. Garland is the chief judge of the Washington D.C. Circuit. At the Justice Department he was assistant to Civiletti, and later principal associate attorney general who worked on the Oklahoma Bombings case of 1995. ...

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Court blocks deportation of a group of Venezuelans on the basis of Alien Enemies Act of 1798, says other remedies can be tried. This is one of 4 laws passed under John Adams in 1798 to remove citizens or subjects of a hostile nation during times of war or invasion. The case now goes to the US Supreme Court. The Court of Appeals of the Fifth Circuit is based in New Orleans with 3 Judges making the decision. Bush appointee Southwick joined Biden appointee Ramirez against Trump appointee Oldham in a 2-1 decision. Oldham in a 131 page dissent says-“Today the majority holds that President Trump is just an ordinary civil litigant. His declaration of a predatory incursion is not conclusive. Far from it. Rather, President Trump must plead sufficient facts — as if he were some run-of-the-mill plaintiff in a breach-of-contract case — to convince a federal judge that he is entitled to relief.” Southwick does not appear to see this as an invasion ignoring the deaths from fentanyl and drug trafficking in the US, the strain on public resources and cities of uncontrolled flow of migrants in recent years, saying- “A country’s encouraging its residents and citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt or to otherwise harm the United States.” Yet even an armed organized force was pushed back in the War of 1812, and has little chance where the current problems have led to the deaths of more young Americans from drug trafficking than three times the deaths in the Vietnam and Korean Wars combined, three times the deaths in World War I and about 75% of the deaths in World War II, something that needs reflection and action. With the changing public sentiment in the UK and Europe and in the US on law and order and on migrants the Supreme Court is faced with coming up with a decision in the best interests of the Nation and its People. ...

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Justices at the US Supreme Court question firing of Fed Governor Lisa Cook for her views by DJT. Justice Kavanaugh said to Solicitor General Sauer-

“Your position that there’s no judicial review, no process required, no remedy available, a very low bar for cause that the president alone determines . . . would weaken, if not shatter, the independence of the Federal Reserve.”

It shows that on the independence of the Federal Reserve all Justices have similar views.

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The reasoning behind the decision on abortions of the US Supreme Court is shown here in the NYT using the majority opinion written by Justice Samuel Alito Jr. He uses the guiding principle that the right to abortion cannot be found in the Constitution of the United States. He uses a legal approach of looking for the original intent of the framers of the Constitution.  This involves scrutinizing the original document to look for wording of intent.

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A three judge panel of the Fifth Circuit Court of Appeals votes 2 to 1 supporting a legal challenge by 26 states for having a high probability of success. The ruling requires that the executive order of Nov. 2014 by U.S. president Obama on immigration not be enforced till the Supreme Court rules on it. This means continued uncertainty for the millions of undocumented immigrants in the U.S. granted a path to legal staus under the Obama executive order. Opinion polls show the public opinion is divided on this issue.

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The U.S. Supreme Court by a vote of 7-2 struck down a California law that bans the sale of violent videogames to children. Writing the majority opinion Justice Scalia said "even when children are the object the constitutional limits of governmental action apply." Breyer dissented by saying that it made no sense to not allow a child to see a nude picture woman under obscenity laws and yet allow the child to see violent acts against women. Clarence Thomas was the other justice in the dissent. Justices Anthony Kennedy, Ruth Ginsberg, Elena Kagan, Sonia Sotomayor supported the decision to allow violent videogames to be sold to children. Justice Alito supported the decision but expressed serious reservations about the breadth of the majority's opinion saying- " the Court is far too quick to dismiss the possibility that the experience of playing videogames (and the effects on minors of playing violent videogames) may be very different from anything we have seen before."

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Pregnant women should not be bringing lawsuits for getting birthright citizenship for their children says the US Supreme Court in June 2025. Judge Coney Barrett says in 6-3 deicsion of the SC that district courts cannot rule beyond their state on birthright citizenship or act as a decider on executive branch decisions.

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US Supreme Court hears arguments from D. John Sauer Solicitor General of the US on DJT Tariffs Wednesday, November 5, 2025. The Supreme Court will hear about a case brought by a small wine importing company with 19 employees. The US president used the 1977 International Emergency Economic Powers Act (IEEPA) that allows the president to impose tariffs. The IEEPA was introduced by president Jimmy Carter in 1977. It was used during the Iran hostage crisis. It has been used for the Venezuelan regime after elections were rigged with human rights violations, on Belarus as early as 2006, and on Mexico for drug cartels. This increases the responsibilities of the Justices of the Court as these sanctions have broad support of the American people. Tariffs were imposed on China for illicit fentanyl flows and a 25% tariff was imposed on Canada and Mexico under Executive Orders 14193, 14194, and 20% on China under Executive Order 14195 in 2025 for illicit drug traffic flows across their borders into the US. Illicit flows that has taken the lives in the case of fentanyl of more young people than were killed in the Vietnam, Korean and First World Wars combined.  For the reason that the economic aspect of tariffs now overlaps with trading partners abuse of basic rights of their largest trading partner the US in the case of Canada, Mexico and China not stopping such flows, the issue before the Supreme Court is basic to the US as a Nation to protect its citizens under these Executive Orders and IEEPA- not the kind of interpretation of the law the USC does for most or almost all of its cases. In 2025 a lot of the discourse is distorted and does not reflect the way citizens of the Nation should show concern for the welfare and safety of their fellow citizens in communities around them severely hurt by the scourge of fentanyl and other opioids making their way from other countries conducted by drug trafficking gangs outside the US.  Also relevant is that the tariffs are correcting trade deficits of $1 trillion of the world with China that threaten the economic security of the US, EU, India and other countries. Larger companies are moving their supply chains out of China to reduce concentration in China, impact on inflation is slight with 3.0 % inflation in September 2025. Smaller companies such as the wine company in this lawsuit are unable to do so. Most of the smaller businesses affected can be compensated with a fund from the tariffs revenue of $500 billion in 2025-2026. In this way the goals of the US as a Nation can be achieved of reducing the supply channels concentration in China, cutting supply chain concentration in China, for fair trade with trading partners EU/Japan, and for action on fentanyl and drug trafficking. Justice Roberts and his team have a lot to think about in this effort by the Nation to correct abuses that should never been allowed to happen. ...

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India's Supreme Court dismissed petitions challenging the validity of the Army's Agnipath recruitment scheme for recruiting soldiers for a period of 4 years. A bench led by Chief Justice Chandrachud said "there was nothing for us to do in the Delhi High Court judgement." That Delhi High Court judgement called the Agnipath scheme "a well thought out one." In its February 27 judgement the Delhi High Court said: "A perusal of material on record shows that the scheme is a well thought out policy decision of the Government of India. The candidates selected under the impugned scheme would be enrolled as Agniveers, a distinct rank in the Indian Armed Forces.

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This NYT Editorial says now that the debt ceiling agreement is reached between president Biden and Kevin McCarthy of the Republicans it should be passed quickly in the US Congress. It points out the need to consider the use of the 14th Amendment in the future- by getting some idea of how the Supreme Court views the use of this action- to prevent another debt ceiling negotiation like this one in 2025 when this agreement ends.

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Pakistan follows other countries by making vaccination mandatory for all public sector workers. Pakistan also requires vaccination to go to airports. France and some other countries in Europe have taken this action to prevent spread of the Delta variant.

According to the US Census Bureau 3.6 million Americans say they face eviction in 2 months as the Supreme Court voted 5-4 to end suspension of evictions July 31, 2021.

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The U.S. Supreme Court addresses questions raised by Arizona's immigration laws. Justices expressed skepticism where the Arizona law imposes penalties and enforcement beyond what is required by Congress. At the same Justices said it was acceptable for states to do what the federal law already envisions, such as immigration officials sharing information with state police, as long as penalties and enforcement did not go beyond what Congress requires. While Justices were receptive to aspects of the law that required state police to check immigration status, they were skeptical about aspects of the law that challenge the right of illegal immigrants to seek work.

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Texas under new state law S.B. 4 can  impose criminal penalties of upto 6 months in jail on non citizens who illegally enter Texas from Mexico. It allows state judges to order deportations to Mexico- without Mexico's consent- and allows local law enforcement to carry out the orders. The US Supreme Court upheld the US Court of Appeals 5th Circuit decision that says the law S.B. 4 passed in Texas can be enforced temporarily till it is submitted to the Court for final decision. Both Biden and Trump have visited the Texas border with Mexico. This was after Biden and Schumer passed a immigration bill 70- 30 in the Senate which Jim Lankford  Republican of Oklahoma had negotiated with Democrats. Biden said he would sign it to close the border- it would also change parole and asylum law to stop large illegal migration entirely. The former president intervened to stop passage in the House to keep the issue alive for 2024.

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This report in the WSJ shows how Amy Barrett, the new Supreme Court nominee, has managed to combine parenting with her career as a Notre Dame professor and judge on the Seventh U.S. Circuit Court of Appeals. A lot of help from her husband, a flexible workplace, living in a smaller town South Bend, Indiana, and a willingness to go with nonconformity, make it possible. She is up at 4 or 5 am to exercize. Blending different worlds is part of this. She can go from work to run an activity for the children. She also views raising children as the activity that has the "greatest impact on the world," so that her career is seen in a bigger context of life.

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This title is a classic example of how to lie with statistics. Specifically the idea of 50% increase. 99 Irish citizens deported in 2025, a 50% jump over 2024, when one hundred thousand Irish citizens live in the US. The title could have read one tenth of one percent of Irish citizens living in the US were deported in 2025. Kennedy, Biden, Reagan were Irish in origins, most Irish are law abiding citizens, most are integrated into American society. The law applies equally to all- it only goes to show that the law applies to the Irish also and that it is fairly implemented consistent with US Supreme Court decisions supporting Congress and the Executive when it comes to immigration to the US, Latin Americans and Irish alike are treated equally under the law.

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Some features of the U.S. health care law are likely to be retained even if the Supreme Court overturns the health care law- the feature that lets parents carry a teenager on their polcy till age 26, and the feature that private insurers cover preventive services without copays. These are very popular and preventive services make sense for the insurance companies to reduce higher costs later on. Other features such as the discount pharmaceutical companies must give to seniors falling under the Medicare gap, and annual physicals without copays may not be retained. 3.6 million Medicare benificiaries saved $2.1 billion on prescription drugs, $604 per person, from the Medicare gap discount. And 32.5 million Americans took advantage of the annual physical without co-pays in 2011. About 50,000 Americans insured temporarily for people with a pre-existing condition also may lose their coverage. Another provision which prevents states from tightening eligibility rules for Medicaid before 2014, may be questioned also as states feel burdened by these rules during a period of budget cutting in areas such as education....

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President Trump wins two victories in his efforts to build a border wall on the southern border with Mexico and control the flow of migrants which he has called a national security crisis. The Supreme Court votes 5 to 4 to allow president Trump to use $2.5 billion in Pentagon funds to proceed building the wall. Mr. Trump also made an agreement with Guatemala where that nation will act a a gate keeper for people seeking to get asylum in the U.S. from economic problems in Central America.

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The US abortions increased by about 9% from 2017 to 2020 says this report in WSJ, going from 862,000 to 930,000 according to the Guttmacher Institute. Some states expanded Medicaid access to abortions and increased funding, leading to more services being added. Illinois for example had 25% increase which may have included women from Missouri going to Illinois. If the Supreme Court reverses Roe vs. Wade, the 1973 precedent that established the constitutional right to abortion, 25 states would restrict or prevent the access to abortion.

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In a blow to public employee unions the U.S. Supreme court rules that unions cannot collect dues from non members. Doing so would violate worker's free speech rights said the court in 5-4 decision. The addition of Justice Gorsuch has created a Supreme court voting 5-4 on party lines. Justices Alito, Roberts, Kennedy, Thomas, and Gorsuch give Republicans a five vote majority on many issues. 

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Title 42, a Trump administration rule made it possible to send back migrants from Guatemala, Honduras, El Salvaor and Mexico now accounts for only 40% of immigrants, the rest are from other countries such as Nicaragua with which the US has no relations for sending people back. People from countries such as Russia, India are also crossing the border in this way. The US Supreme Court recently ruled that Title 42 cannot be terminated till it has looked at in more detail. The result is that people from many countries have crossed the the US border with Mexico in large numbers in 2022.

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Venezuelan illegal immigrant lawsuit reaches US Supreme Court for birthright citizenship. What did the US Supreme Court rule? Alongside we provide the summary of the US Supreme Court landmark decision which is coming in two parts, this being just the first. Simply stated the US SC ruled that district courts can give the plaintiffs relief in their individual circumstances but do not have the authority to extend this to into a "universal injunction." Three states and a Venezuelan illegal immigrant allowed into the US under the asylum policy make the case. And each case may have individual merits but does it apply to a whole geopolitical event? Yet the sheer numbers, the scale running into millions of people, amounting to it being an invasion, a geopolitical event resulting from Bush-Obama-Trump-Biden failures to assert the Monroe Doctrine and prevent intervention by foreign, specifically European powers in the affairs of the American continent. Yet at no point in the administration of the last 9 years has this situation been anticipated or this situation been singled out as one that no asylum policy of any nation is designed to tackle. The efforts to fix things as far away as the mountains of the Hindu Kush have frittered away the important resources of the US military to maintain the Monroe Doctrine. It can be said that the basic error was not to see president Monroe's policy for what it was - an effort to prevent the French, the Spanish or some other European power to bring back colonial rule or in some ways unsettle the affairs on this continent. The US Supreme Court is aware of the surroundings of this event as it takes up the issues of immigration and efforts by foreign powers to unsettle the fabric of the Nation. ...

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Justice Ruth Bader Ginsberg, the oldest person on the U.S. Supreme Court dies at 87. The U.S. Supreme Court is unique in that there is no retirement age as in India and other countries. She died of pancreatic cancer. She is one of the rare jurists in that she continued to work almost to the end. She was unique in other ways because she got along well with colleagues on the court of different persuasion. Justice Scalia who was the complete opposite in thinking and views than Ginsburg said that this did not matter much as Ginsburg was "fun to be with." Former president Clinton nominated Ginsburg in 1993. Recently Justices Gorsuch and Kavanaugh joined Roberts, Alito, and Thomas,  for a 5-4 majority on the court for conservatives. Ginsburg was a woman's rights advocate in the 1970's. She will be missed mostly for her vigorous personality and feisty attitude to life working and being active even with her health condition. The death of Ginsburg means that the court is now deadlocked with 4 to 4 and no majority for conservatives or liberals. The country has also changed. Both conservatives and liberals claim they uphold the constitution of the country. Ginsburg saw this as the inclusiveness the founders intended- for women, and minorities. The conservatives see this also from the vantage of inclusiveness as the country has splintered into those who are largely college educated and tech savy, and the high school educated and less tech savy more rural and in small town that lost jobs and social services from the shift of manufacturing to China. The conservatives  see the lack of inclusiveness for the rural communities and small towns left out in the tech booms of the last three decades and shift of manufacturing overseas. Cultural attitudes add another layer to basic economic issues and a sense of alienation on both sides. In this climate and with an approaching election in 41 days the Republicans want to nominate their conservative choice supported by their Senate majority, and the Democrats want to block this appointment till after the election.   ...

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Britain, Ireland, Australia and New Zealand have redefined citizenship so that it is along blood lines, and not birthright citizenship. The 14th Amendment of the US Constitution was passed by Congress in 1866 and ratified by the States in 1868. It uses the words-"All persons born or naturalised in the United States, and subject to the jurisdiction therof, are citizens of the United States and of the State wherein they reside."  The US Supreme Court will have to interpret this language and intent of the Amendment whether they intended it to apply to children of unauthorized migrants coming illegally into the country. At the time it was passed after the Civil War it was intended to emancipate freed black slaves and give children of freed slaves citizenship and rights. Congress, the States and the Supreme Court will have to consider whether the situation intended to be addressed in 14th Amendment was slavery and not the refugees and economic driven illegal migrants flowing in at the rate of 1-2 million a year as happened in 2021-2023. The Supreme Court in its Wong Kim Ark decision in 1898 supported the 14th Amendment at a time when illegal entry into the US was a tiny fraction of what it is today.   The 14th Amendment included under Section 4 on Debt the words- "Neither the United States nor any State shall assume or pay any debt any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void." The 14th Amendment was  in its intent designed to complete the work of the Civil War to free black slaves and give them the rights of citizenship. The 14th Amendment to the US Constitution Section 1 says- "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." ...

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An emergency appeal to have the case on the travel ban to the Supreme Court has the disadvantage that of the 8 Justices on the court the ruling could end up at 4 against and 4 in favor. The 4 liberal Justices are unlikely to support it. Another more likely scenario is taking a conventional petition approach and this would mean a decision on whether the Supreme Court hears the case would come by April, and hearings starting in October. By that time Neil Gorsuch could be on the Supreme Court filling Judge Scalia's vacant position- leading to a decision, instead of a tie that leaves the appeals court decision to stop the travel ban in place.