Strong Views Lightly Held

Conservative Justices are more small-C conservative than MAGA conservative.  Handing over the power to declare across the board tax hikes under a paper-thin “emergency” declaration is a pretty obvious slippery slope.  Not just legal scholars. I’d guess the “friend of the court” filings from business and non-MAGA conservative interests will be anti-tariff etc etc.

Across-the-board tariffs are a tough case even for a conservative court’s political agenda because they are both…

• …extremely unpopular
• …a new tax (in effect if not name) imposed without congressional approval.

NYT piece below on the high profile Conservative Constitutionalists supporting the roll-back  and why.  Also an interview with one of the lawyers in the case – a law professor hailing from libertarian-leaning George Mason university with an anti-tax, small government agenda (https://en.wikipedia.org/wiki/Ilya_Somin).

This non-delegation principle has been a mainstay of recently successful conservative legal arguments for rolling back the regulatory state

“You have to understand that the conservative movement is now, as an intellectual movement, consistently anti-Trump on most issues,” he said…. The powers to tax, to regulate commerce and to shape the nation’s economic course must remain with Congress,” the brief said. “They cannot drift silently into the hands of the president through inertia, inattention or creative readings of statutes never meant to grant such authority. That conviction is not partisan. It is constitutional. And it strikes at the heart of this case.”   A Fiery Brief Fueled by Conservatives Helped Put Trump’s Tariffs in Peril https://www.nytimes.com/2025/06/02/us/trump-tariffs-court-brief.html?smid=nytcore-android-share

Law Professor and plaintiff Ilya Somin’s take in his words –

“From the very beginning, I have contended that the virtually limitless nature of the authority claimed by Trump is a key reason why courts must strike down the tariffs… I am glad to see the CIT judges agreed with our argument on this point!”     https://reason.com/volokh/2025/05/28/we-won-our-tariff-case/

Interview with Ilya:

“Q: I think one thing that people haven’t really looked at, and I find very interesting, is that this is a thing that would be particularly hard for him to defy the court on.

[A] Somin: I think that seems likely for a couple reasons. One is these tariffs are very unpopular; if you were going to force a confrontation with the courts, you might want to choose any issue that is less unpopular. And obviously, all the court orders here would really require is just that the various government agencies that collect tariffs should stop collecting these tariffs. It’s a relatively easy thing to oversee as opposed to some things where you can make excuses like returning Abrego Garcia from El Salvador, which was egregious. We’ve talked about that before, I think, but there at least they have the excuse, Well, he’s in the custody of the government of El Salvador so we can’t do anything, or so he can claim. In this instance, it would be very hard for him to claim that he can’t stop his own subordinates from collecting tariffs.

https://newrepublic.com/article/195889/transcript-maga-fury-boils-trump-tariffs-suddenly-jeopardy

Read this simply as a political strategy blueprint for “how to win.”  Avoid getting wrapped up in whether you agree or not.  It is a worryingly solid strategy.  What happens if a left-wing populist version of Trump figures this out?  A left-wing, competent Trump-like figure is likely more dangerous to the Republic than the present moment.

“In all of his machinations, Trump presumes that if 21st century politics is just a battle for attention, then an ever-more spectacular culture war can overwhelm Americans’ senses and distract us from the smell of our money burning up as GOP donors quietly feast on policy favors and the president enriches himself.
…This repackaged version of deregulation is the same election-losing algorithm Democrats used in the 2024 campaign and that they’ve been amplifying for a generation: On economics, it’s incrementalism, technocratic neoliberalism, and corporatism that placates donors; on culture, it’s identitarianism, social libertarianism, and lawn-sign liberalism that generates plenty of Internet memes for YouTubers and Instagram influencers — but so often alienates voters.
…This is a truism that most Americans face in their daily lives. They see it in their credit card bills funding higher bank earnings, their rents fueling bigger landlord windfalls, and their health care premiums financing insurers’ profit margins.

That frustration makes the anti-oligarchy message a far stronger counter-argument to MAGA than Abundance Bros’ technocratic complaints about zoning regulations or #Resistance Liberals’ paeans to democracy and identity. Moreover, unlike what Democratic leaders are offering, anti-oligarchy politics offers a direct contrast with Trump not just on economic matters — but on cultural terms.

Unlike the Big Tech-courting Abundance acolytes, anti-oligarchy is a challenge to the titans sitting in the front row of Trump’s inauguration. It’s a challenge that doesn’t just mock Trump-aligned moguls’ obscene wealth, but also makes a pro-family, anti-predator case against their business models that target kids, their surveillance pricing schemes that target your purchases, and their censorship crusades that target their critics.  

https://www.levernews.com/how-to-combat-americas-culture-warrior-in-chief/

The passage below – written during WW2 – struck a chord in understanding some peoples’ driving motive in the present moment;  Fear.

“They [the Germans] are afraid,” I replied, “they are afraid of everything and everybody; they kill and destroy out of fear. Not that they fear death; no German, man or woman, young or old, fears death. They are not even afraid of suffering. In a way one may say that they like pain.

But they are afraid of all that is living, of all that is living outside of themselves and of all that is different from them. The disease from which they suffer is mysterious. They are afraid above all of the weak, of the defenseless, of the sick, of women and of children. They are afraid of the aged.

Their fear has always aroused a profound pity in me. If Europe were to feel sorry for them, perhaps the Germans would be healed of their horrible disease.”

From an odd book I’m reading called “Kaputt.”  It was written in 1944 by an Italian War correspondent.  He started WW2 a Fascist, but emerged a leftist – perhaps less from conviction than opportunism.

The most reliable truth in the book is his familiarity-bred contempt for the Germans he rubbed shoulders with over those years.  One excruciating chapter just relates a boozy dinner with the German Governor of Occupied Poland and his cronies.

The book itself is a neat read.  Lovely writing although elegiac.  More of a Magic Realist fiction/memoir.  Not really “about” WW2 any more than 100 Years of Solitude is about Colombia.  A moment in time shared by a unreliable but observant (and entertaining) narrator.

TLDR:  A simplified guess as to why/how Trump latched onto tariffs this go-around.  He wanted to swing a big stick and he found one… No 3D chess here.  That ‘a convenient hoo to hang a hubris/nemesis narrative on.  If his unilateral tariff actions cause obvious enough economic damage and disruption, even Trump may not be able to shift blame.  If low-information voters (finally) tag him with “You broke it, you own it” his magic breaks with it.  That a better outcome than 145% tariffs, but still not great.  We end up with 3 3/4 years of angry, impotent stasis  – Saruman raging from his isolated, lake-bound tower after slow-to-anger ents flush his orc army down the hole he’d dug for himself…

Personal bias alert => I am not OK making common cause with orcs.

Trump’s supporters like to believe he’s playing 3D chess.  His actions betray a man playing at the appearance of 3d chess – obfuscating a deeply tactical mind thinking one move ahead.

Putin and Trump play without a clear end-game besides “winning.”  Putin eventually over-reached into a Ukraine debacle he can’t (so far) escape.  Trump’s tariff move may be a similar follow-your-nose  trap.

HUBRIS – Tariffs are the (ahem) big stick Trump always wanted…

In his first term, Trump felt frustrated and stymied by all the legal, constitutional, and bureaucratic constraints of the system.  He’s an impulsive, tactical thinker.  Checks and balances annoy him.

Some evil henchman found him a new toy “Tariffsss! Bossss!!!! You can act unilaterally with tariffs!  Swing as wide and hard as you want.  Power!  Attention!  The whole world must take notice….  Preciousssss!”

Trump likes that idea…  So he picks up his new stick and starts swinging it around (“big stick swinging around” is an intentional and appropriate motivating allusion here…).  The whole world stands still and pays attention.  He likes that even more, so he does more…

NEMESIS – Trump has blind spots around consequences and ownership.

Consequences:  The understanding and weighing of consequences demands semi-honest reflection on choices and events leading to some result.  Trump doesn’t do “reflection” – honest or otherwise.

Ownership:  Why worry about consequences if you’re confident you’ll just shift the blame?  In Trump’s experience, consequences can always be dodged… That belief is well founded.  He’s a master at shifting blame and bouncing back via bluster and repetition.  He’s got out of how many bankruptcies?  He came back after Jan 6th…

If tariffs cause enough real-economy disruption, however, Trump may end up carrying consequences he didn’t foresee with ownership he can’t shift. Even the MAGA faithful might be unable to rationalize away Trump standing – bat in hand – amidst shortages, price spikes, canceled 4th of July fireworks, etc…

His lust for unilateral control overcame his instinct for deniability.  He’s left himself exposed and alone.  Everyone saw him swinging that big stick.

“The President Who Stole Christmas (and 4th of July & Halloween…) The markets expect a pivot soon.  But even if he reverses everything tomorrow, tremendous supply chain stress is already working through the system.  If he delays a few months, the damage compounds on 2nd-order effects.  Think about how fast COVID snarled supply chains and how long that took to sort out.  There likely won’t be stimulus checks this go-around…

In Tolkein’s tale, the slow-moving, indifferent-to-politics tree-like ents eventually noticed Saruman’s wanton destruction f their forest…  The on-the-ground damage was too obvious.  They got angry, killed his orcs, and flooded his tower.  Like Trump, Saruman had wizard powers.  But angry ents are too big and elemental to magic away…

If Trump’s magic breaks, we’ll be left with an angry, unpredictable, 79 year old man managing a no-longer-loyal 4 seat House majority until 2026.  Then a House Democratic majority wielding subpoena power…

An old man raging impotently in his tower is better than wanton destruction, but it isn’t very good.

More complicated I know, but the simplification helps make the point.

Back to blogging.  Helps me organize my thoughts.  Your replies and comments always welcome.

97% of strollers and 87% of car seats are made in China.  Not optional purchases.  Prices are already up 30% reportedly.  What if they go fully out of stock?

TLDR:  We are in the early phases of a potentially epic self-sabotage.  It likely grinds on for months or into 2026.  That could – maybe? – drive a US political re-alignment.  Likely more populism, so I’m not getting out the pom poms…

The self-induced trade heart-attack is going to hit store shelves soon – random and cascading shortages + price increases.  I have no idea how big or bad the impact will be.  I’ve seen no good, objective analysis.  That is worrying in itself.  My guess is no-one really knows – like COVID.  What we do know is…  The longer supply chain paralysis lasts…

1. …the collateral damage reverberates in self-reinforcing waves.
2. …subsequent repair (after an inevitable climb-down) will take exponentially longer.

Pain for months or maybe years will translate to anger.  That anger will foster a sense of collective grievance among a broad and otherwise diverse slice of the US population.

Collective grievance can lead to collective identity and action.  SPECULATION STARTS HERE:  People might coalesce a new collective “us vs them” narrative – potentially re-drawing tribal boundaries and the political chess board.  Might not actually happen.  Worth thinking about regardless…

Us-Vs-Them

• We know those that will be “them” =>  People in power.  They broke it loudly and proudly.  They’ll own it.  Although the other “elites” could end up damned alongside them.  Collective grievance paints with a broad brush…
• The shape of “us” is harder to guess at.  Who unites with whom around a collective dislike of “them?”  Catalytic moments aren’t predictable.  Nor are the post-catalyst coalitions.

Without know the nature of “us,” we can’t really guess about who (if anyone) might turn that new narrative into a political opportunity and movement.  If talented, he/she might end up elected with a “change” mandate and the inclination to follow through.

We can guess he/she will likely be a populist.  That “change” administration might get the trains rolling again – like Mussolini did (and unlike Trump).  But a more tactically competent, cynical crew might pick up the authoritarian project where Trump’s yahoos leave it.

If we get a more competent, cynical populist, Right or Left won’t matter so much as “can we save our Democracy?”  We live in interesting times… Not very happy about it just right now.

I wrote most of this before Biden dropped out.  Revised lightly.  Biden’s decision clears the table, shuffles the cards, and deals out new hands.  But it really doesn’t change the race.  It was and still is about Trump and turnout.

TLDR:  Election are decided by the actual voters –  who shows up and who stays home.  We are likely heading into a low enthusiasm, low turnout election skewed by state abortion ballot initiatives.  Low turnout means most actual votes come from “likely voters.”  The one certainty is how swing state abortion rights initiatives will skew turnout in favor of Democrats.  They could prove more decisive in this election than the personalities involved…That math tilts in favor a Democratic president.  The lower voter’s enthusiasm, the more the math leans against Trump. That is just what the polling data tell us – follow this link if you disagree.

“For the first time in 2024, polls are showing that the likeliest voters are Democrats, while the ones who are less likely to vote are Republicans…. The information all points to a new reality: The fewer people vote, the more likely Democrats are to win.”

My day job is to look for places where a lazy consensus isn’t supported by facts.  That’s all I am doing here.  Per the data above, the facts have changed, but people haven’t updated their assumptions.  That creates potential for a surprise.

My quick take post-Biden?   Outside of his immediate family, no-one really voted “for” Joe Biden.  The same applies in 2024.  The race remains a contest between Trump and “Any Competent Adult” (a great bumper sticker I saw last cycle).

• If low turnout wins, a bland Democrat would fare better than a polarizing one.
• Kamala is polarizing.  That is bad.  Although maybe she sucks even more enthusiasm out of the race?  It would be is a strange path to victory, but a win is a win (if not a mandate…).

We won’t have a clean answer until the “likely voters” convert to actual votes.  We know likely voters skew Democratic.  We also know abortion-rights initiatives will skew it Democratic.  We also know a lot of people aren’t looking at this race from the bottom up…

1. Abortion is on the ballot in a lot of swing states.  That will REALLY skew turnout.  Boosting it for (Democratic skewing) women in general and college educated women in particular.  DEPRESSING turnout among Republican-leaning women – especially college educated women in (swing) suburban districts.  They will also boost turnout by motivated anti-abortion voters, but they are already counted in that 30% MAGA “likely voter” segment.  So their participation doesn’t change the equation…
2. The Trump show is getting old and tired in its 3rd season.  The aging star isn’t as fresh or fun…  If you could see past the Biden dumpster fire, Trump’s debate & convention speech came across more like an aging Vegas comedian re-hashing old routines in some off-Strip casino to a static fan base that already knows the punch lines.
3. Trump’s vote totals are also capped.  Pretty much everyone has already made up their minds about Donald Trump.  So who can he persuade to change their minds?  Low-turnout. low-information voters…
4. Enthusiasm is super low.  Democrats are depressed.  A huge, silent, college educated segment of the Republican voter base is equally depressed.  Neither group really likes the choices both parties are shoving down our throats.  No matter who replaces Biden, that sentiment likely remains.
5. Hardcore MAGA Trumpers (about 30%-35% of active voters?) are energized, but their enthusiasm is partly self-canceling.  They will drive up turnout by people in the “very likely voter” segment.

None of the above is necessarily decisive.  But it tells us to beware headline poll numbers.  If anything, Trump-friendly poll headlines HURT Trump’s  chances.  Look at what happened to Hillary in 2016.  Her polling lead motivated the haters and de-motivated her less-committed supporters  A lot of people woke up Wednesday morning deeply regretting their no-shows the day before…

Adam Tooze piece here inspired me to do a little blogging. 

See chart below.  All that Chinese industrial lending = goods deflation.  China is (still) trying to export its way to prosperity.

This will be a persistent deflationary force until China either gives up or blows up…

Various people (Micheal Pettis especially) pointing out very few countries are able/willing to accept a permanent trade surplus.  But that is what China is (still) trying to run with.  That will hit developing countries and, likely, the US “consumer of last resort.”

A lot of that Chinese industrial lending is going to end up coming our way one shipping container at a time.  Why?  China’s consumers don’t claim a large enough share of national income to consume it.   So the US will continue to run a “permanent” trade and budget deficit.  Just how the math must work.

The Chinese alternative – driving up domestic consumption to absorb that production – would involve an internal income redistribution.  They are unwilling to take on.  That is why Pettis’ book is called “Trade Wars are Class Wars.”  China has a Class conflict that is driving its Trade policy.  Until either the upper classes accept the need to re-distribute income or some other factor forces the issue.

This is also why I am skeptical the global neutral interest rate R* has suddenly moved up.  China’s surplus policies create excess supply and constrained demand on a global basis. That should(?) suppress interest rates, as we saw pre-Covid

That equation eventually gets solved.  Hopefully the damage is mostly contained within China’s mostly-closed financial system.  We’ll see?  At least we’ll get a lot of cheap EVs and fridges out of the trade.

The other country highlighted in Pettis book is Germany.  Their export-led model seems to have finally hit the end of its run.  Not sure how to slot that into the above…

https://substackcdn.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2F57e83a72-b5a8-421a-9824-f9347a99b87a_2468x1440.png

None of the below is a prediction.  It is simply a speculation.  I’m not foolish enough to “predict” the EU would do the right and courageous thing.  But they could always surprise us…

There hasn’t been much to say about Ukraine.  They did not get lucky in the summer counter-offensive.  So we’re looking at another year of war.

Putin and Russia have still lost.  That has been obvious since about 5 days into he war.  No amount of goal-post moving will hide that Russia is weaker and less powerful today.  Nor does he have a clear exit strategy.

Ukraine “wins” decisively if they push the border back to their pre-war boundaries.

• They have definitely joined “Europe” and avoided the vassal-state status Putin intended to impose.  I’m assuming the Ukrainian people will not forgive or forget.
• They would be solidly better off.  It isn’t a huge loss if Luhansk and Donetsk – economic basket cases – remain Russia’s problem (for the time being).
• Crimea remains an open question and the most obvious source of future tension.    But Crimea itself might decide that life is better in a prosperous “European” state somewhere down the line.

Even today, you could plausibly argue they are in a better position than before the war.  Giving up some territory to join Europe might still be worth it.  But that’s a narrow and bitter win at best.

So the outlook boils down to

1. Can Ukraine take back that occupied chunk north of Crimea, West of Donetsk, and East of the Dnipro?  The past 6 months show that won’t be easy.  But it is still very possible.  They just need a little luck and a lot of artillery shells.
2. Will “the West” give them the money and materiel to stay in the war?  There are growing questions about the US commitment.  There is surprisingly little consideration given to the European commitment…

Will Europe step up if the US Steps Back?  Existential Threats Can Focus The Mind…

The “Ukraine support” debate usually focuses on Washington.  People assume that Europe lacks the will, cohesiveness, or funding to sustain Ukraine on its own.  Putin is on that side of the wager.  Based on the EU’s track record, that’s a good bet to make.  But it is POSSIBLE (if not probable) that Europe could surprise us all.  It is at least worth thinking about.

Lets say I could magically insert a moral and political backbone into Europe.  If the will were there, could Europe sustain Ukraine on its own?  Probably yes…

• Ukraine needs a lot of money, but Europe is a pretty rich place.
• Ukraine needs a lot of material support, but it is the sort of stuff the EU already produces.  Artillery shells, vehicles, drones, and missiles.  There is a “European” substitute or supply chain for pretty much all the US military systems Ukraine is using.  Moreover, Europe can also buy in gear from the US (or South Korea).

We have seen some encouraging signs.  Finland is sending more shells.  Germany is shipping in more arms.  The UK and France handed over Storm Shadow class missiles that have proven highly effective.  The Europeans have supplied a lot of anti-air capability.

So the money is (probably) there.  The means are definitely there.  The problem is, as always, political will. Could Ukraine prove a catalyst for the EU?

Perhaps and JUST perhaps, the Europeans might come to realize that letting Ukraine fall will just invite deeper Russian encroachment and destabilization.  Putin has unmasked himself.  Even the most greedy burgher is going to find it hard to pretend otherwise.

Maybe the core European countries act in their own collective self-interest?  Ramping up production and digging deep in their pockets to give Ukraine the tools it needs to actually win?  Better to draw the European boundary with the rapacious Russian klepto-state at a reasonably prosperous, now rabidly anti-Russian, pro-European Ukraine.  Much better than drawing that line along the Russia-friendly Hungarian/Moldovan border.

Note also that the “Europe” that emerged from such a decision is likely to be a more cohesive, competent, unified place.  In some possible future, Ukraine’s entry into the EU might also mark the real birth of the EU itself as more unified entity.  The dream of European integration has always been pursued by lurching from crisis to crisis.  This challenge might mark another major lurch forward.

Enough said.  Europe usually disappoints.  Especially when it comes to defense matters.  They likely will do so again.  But it is just possible they act intelligently in their own self-interest (and also do the right thing).

In all the commentary around what the Fed will or won’t do, no-one wants to mention that elephant over there in the corner.

Does Fed Chair Powell want another 4 years of Donald Trump?  Or is he on Team “we’ll stomach another 4 years of Biden?” Either on principle (risk of an authoritarian takeover) or on self- interest “we have to break the Trump fever if we’re ever going to take “our” Republican Party back from the wackos…?”

If you think…

1. …Powell wants Trump = no rate cuts.  That risks a recession.  Underlying inflation has already trended down to 2.6% by this solid NYFed data series.  Keeping rates at 5% gets more restrictive as inflation recedes.
2. …Powell sees Biden as the lesser of two evils = rate cuts as soon as he can plausibly can.

If Powell wants to cut, he HAS to do it relatively early in 2024.  A rate cut close to the election would look like an obvious intervention.

My guess is Powell is an institutionalist first and a partisan second.  No fan of Biden, but more afraid of another 4 years of chaos and norm-breaking.  If that’s the case, the Fed will be looking for an excuse to cut rates early in 2024.  Comments by the normally hawkish Waller hint at what that excuse might be –

If inflation continues to cool “for several more months — I don’t know how long that might be — three months, four months, five months — that we feel confident that inflation is really down and on its way, you could then start lowering the policy rate just because inflation is lower,” Waller said in remarks at the American Enterprise Institute, a Washington, D.C.-based think tank. “It has nothing to do with trying to save the economy or recession.”

Lots of other factors involved.  But worth thinking through.

I’ve been buried in thinking about AI etc.., but coming up for air a bit.  Have a Ukraine piece to get out too.