That's true in theory, but really missing the point. In practice these checks come far too late. The court system is notoriously overworked and slow. In this case, most of these tariffs will not be returned because the government will make it an administrative nightmare to claim it back. In other matters the damage is even harder to roll back.
I fully understand why the courts are slow, and they should indeed not rush decisions (especially since they have a huge weight in common law law systems), but because of this they are not able to restrain another powerful institution that has no problem with moving fast and breaking things.
That's true in theory, but really missing the point. In practice these checks come far too late. The court system is notoriously overworked and slow. In this case, most of these tariffs will not be returned because the government will make it an administrative nightmare to claim it back. In other matters the damage is even harder to roll back.
It’s a ton of work to put together a case and bring it to court - we’re talking months of research and writing for complex cases.
It’s not realistic to assume the courts can strike down something days after it happens if it takes months to put an argument together.
But I’ve been rather impressed by how fast the Supreme Court makes decisions when cases are brought quickly (likely much less complex).
I fully understand why the courts are slow, and they should indeed not rush decisions (especially since they have a huge weight in common law law systems), but because of this they are not able to restrain another powerful institution that has no problem with moving fast and breaking things.