The headline obviously is not original with me. It’s a quote used often when talking about what might happen if a leader of the Executive Branch of the government decides to ignore what the Supreme Court says. We now may actually find out.
I expect that our president will do three things at once. He will continue to berate the Court and the majority of its Justices. He will say that, irrespective of that, he will always follow the Supreme Court. He will then ignore the Supreme Court and do whatever the hell he wants, and no one will stop him, except perhaps (and only perhaps) the voters. And by the time the voters react, it just may be too late. Even if the 2026 midterms put one or both of the houses of Congress into the hands of the Democrats, the president will still have the ability (because this is his greatest talent) to continue to do what he wants, no matter what the legislature or courts say.
The immediate issue of course are the tariffs and I have not read the Supreme Court’s decision or the many, many dissents and concurrences, so I may not know what I am talking about. But, as I understand it, the United States has put tariffs on most items coming into the country, some of them based on the International Emergency Economic Powers Act of 1977, and some of them based on other authorities. Those based on the IEEPA were struck down, and that covers the majority of his arbitrary tariffs.
In response to the Court, the president has placed a 15% tariff on everything coming into the country under another law, Section 122 of the Trade Act of 1974, which gives him the right to do so for a period not to exceed 150 days, unless approved by Congress. For some countries, this means tariffs are now higher than they were before the Supreme Court decision, for some lower, and for some (I guess) the same. Rationality is obviously not part of this policy.
At the same time, the president and advisors like Treasury Secretary Bessent have said that the president has many, many, many, many, many alternative ways to put tariffs on good coming into the country. “Just you wait and see”, more or less. And to complicate things even more, the U.S. Trade Representative Jamieson Greer (who he?) has said, in a BBC interview, that nothing has changed in trade policy.
And then there are the countries that have made “deals” with the president under the pre-Court ruling situation, where the tariff levels for their countries have been kept lower than otherwise threatened by our president. Do those deals still hold? For those countries whose tariffs have been raised under the new 15% assessment, are they still bound by the deal?
The answer to that question is unclear. The president says that he expects all countries to keep their side of the deal, and that no one has so far said that they will not. But no one has said that they will, either, and (as I listened this morning to Andrew Ross Sorkin, who by the way is the son of old friends, on MS NOW), the answer to this question may take many forms. In some countries, the deals made with the US are politically unpopular and viewed to be the result of American coercion. In other countries, the deals violated their own laws and, to legitimize them, laws had to be amended and passed. Presumably, in some places, this has been done, and in others legislative changes are in process.
And one more thing about tariffs. The Court did not tell the president what to do. Business are very confused. Some people think refunds are in order. Chaos may result. If so, the president will not be the only one at fault.
Tomorrow night, of course, is the State of the Union address by the president. I don’t want to watch it, and I really want to watch it. You, too, I assume. Some of the Democrats are not going to come (I don’t think that is smart), and it is unclear if all of the Supreme Court Justices will be there (as they usually are). Typically, the Justices of the Supreme Court come and are very clear not to show any bias or emotion. They don’t clap, they don’t boo. They just sit there (presumably listening) and stare. But tomorrow, you can expect that the president will attack some of them (to be clear, 6 of them), presumably by name. Will the Justices just sit there as they are attacked and belittled? And if so, will the president’s attitude change the way they look at the cases now pending? There are many such cases. One is, of course, the birthright citizenship case, which again seems to be one which the president will obviously lose, perhaps not 6-3, but 7-2. We will see how that plays out.
We may, in his speech, also learn the latest on Iran, where the president has placed military resources in the neighborhood ready for an attack. He has said that, unless negotiations on Iran’s nuclear future look successful, he might order a “limited” attack and then, if they are not successful after that, a stronger attack. When the US attacked Iran’s nuclear facilities a year ago, Iran did not respond with its own military. The same is true when the US a few months ago moved into Venezuela to arrest its president and take over its natural resources. This might give our president a big head, no? He can do anything with no response.
I wouldn’t count on it, with all of the US resources in striking distance of Iran, and with possible retribution attacks on Israel as well. There may be quite a mess ahead.
As to Israel, the Haberman Institute and Americans for Ben-Gurion University of the Negev had a joint program last night featuring Professor Ehud Ohana of Ben-Gurion talking about advances in medical research, particularly in ways to treat diabetes and certain cancers. One of the rockets sent by Iran into Israel last year hit the building at the Soroka Medical Center in Beersheva, destroying Professor Ohana’s labratory, among many others. A video recording of this presentation should be available on the Haberman website (www.habermaninstitute.org) today or tomorrow. It is about an hour long. Professor Ohana is a very clear speaker, and I really suggest you listen. Go to the Program Recording Archive.

























