The Trump administration formally asked the Supreme Court on Wednesday evening to decide whether President Donald Trump’s ever-shifting tariff policy is lawful. Two federal courts, and a total of 10 federal judges, have all concluded that it is not.

The remarkable thing about Trump’s petition asking the justices to take up this case, which is known as Trump v. V.O.S. Selections, it that it opens with a long list of factual claims that, if taken seriously by the Court, would compel the justices to strike down the tariffs. But that would assume the Republican-controlled Supreme Court applies the same limits on executive power to Trump that it imposed on Democratic President Joe Biden — a highly uncertain proposition.

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