CNN: Big business sits out the Supreme Court fight over Donald Trump’s tariffs

“I was shocked that those with much more power and money did not step up,” said Victor Owen Schwartz, the founder of V.O.S. Selections, the wine and spirits company that is one of the lead plaintiffs in the litigation.
“So when I was afforded the opportunity to speak for small American business, I took it.”

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USA Today: Trump says his tariffs will help American businesses. So why are they suing?

“These tariffs threatened the very existence of small businesses like mine, making it difficult to survive, let alone grow,” Victor Owen Schwartz, who founded his wine and spirits import business nearly 40 years ago with his mother, said of his decision to take on the president. “I was shocked that those with much more power and money did not step up.”

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Victor Owen Schwartz, president of VOS Selections, a wine and spirits importer and distributor based in New York City. Schwartz is one of the small business owners challenging President Donald Trump's tariffs.

Drinking on the Job Episode 294: Wine Importer VOS Selections vs President Trump in Supreme Court

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MSNBC Chris Jansing Reports: Supreme Court to decide whether Trump’s tariffs are legal

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NPR Business: Most of President Trump’s tariffs are illegal, U.S. court rules

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WNYC Brian Lehrer Show: Chloë Syrah Schwartz Interviewed

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The Indicator from Planet Money: The Legal case for – and against – Trump’s tariffs

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CNN News Central: Victor Owen Schwartz Interviewed

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BBC News – US announces tariffs on dozens of countries

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Sydney Morning Herald – ‘I think we’re going to win’: The dad-daughter duo taking on Trump’s tariffs in court

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“Schwartz is furious when he hears Trump claim it is the other countries that are forced to pay his tariffs, even though those countries do potentially suffer from their producers selling fewer products. He knows it is te American importers who pay. ‘‘I feel outraged that a quote-unquote ‘businessman’ doesn’t know the reality of business,’’ Schwartz says. ‘‘The fact is that every single economist looks at this and says: ‘Of course that’s not true’. The people who are paying are me and my colleagues. No countries are paying.’’” – Michael Koziol

Sydney Morning Herald

Financial Times – US businesses suing Trump over tariffs say trade pacts ‘hardly relief’

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“Have you ever had a tax get quintupled overnight? – Victor Schwartz”

Bloomberg TV – Wall Street Week – Wine Woes as President Trump’s Tariffs Loom

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“A planned 30% US tariff on EU wines could hike prices, slash choice, and force layoffs across America’s wine trade. The US wine industry warns that distributors who rely on European bottles for most of their revenue would collapse, hurting domestic winemakers and vintners too. While some California grape growers hope the tariffs will level the playing field for US winemakers, importers and retailers are skeptical that protectionism is the long-term solution. Critics say tariffs won’t fix oversupply or falling demand and would instead shrink the entire U.S. wine ecosystem.”

Cato Institute’s Free Society Magazine: How One Man’s Passion for French Wine Sparked a Challenge to Trump’s “Emergency” Tariffs

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“While VOS Selections is still a small family-run business, it’s also a grand testament to the way free trade enriches both Americans and the rest of the world. Through just one company, Americans have access to dozens of fine sakes from across Japan; hundreds of wines sourced from the Mediterranean coast to Central Europe; and an assortment of spirits crafted in places as varied as Lebanon and New Zealand. It’s a luxury that would’ve been unimaginable by even the greatest emperors of millennia past.” – Paul Best

Business Insider: Trump’s tariffs could sink my small business, but my lawsuit against these tariffs has been keeping me energized

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“I stepped up because bigger players won’t…It seems that I have really struck a chord. I guess most lawsuits, in a certain sense, are just you looking out for yourself. But with my case, I just feel like we are trying to do something that’s going to help a lot of people, and that is very empowering.” – Victor Schwartz

BFM Business: Ce marchand de vin a fait annuler les droits de douane de Trump

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Italian Wine Podcast: Juliana Colangelo interviews Victor Owen Schwartz of VOS Selections

National Review: Striking Down Tariffs: A ‘Coup’ Prevented, Not Attempted

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“Rejecting unilateral presidential tariffs was not an act of judicial activism by the U.S. Court of International Trade. It was a defense of the Constitution’s separation of powers.

Last Wednesday, the United States Court of International Trade unanimously ruled that President Trump’s across-the-board tariffs exceeded the president’s power under the International Emergency Economic Powers Act (IEEPA). Right on cue, Stephen Miller, President Trump’s deputy chief of staff, posted on X, “The judicial coup is out of control.” Unfortunately, Mr. Miller has it backward. The Court of International Trade didn’t engage in a coup. It stopped one.
Article I of the Constitution states, “All legislative powers herein granted shall be vested in a Congress of the United States.” The very first listed (Section 8) is the “Power To lay and collect Taxes, Duties, Imposts and Excises.” When the founding generation was debating the merits of the Constitution, they questioned whether Congress should have power over both “internal” and “external” taxation, or whether it should be limited to “external” taxes alone, meaning taxes on imports and exports. They did not question whether the president would have unilateral taxing power. The plain text of the Constitution would have made such a notion absurd.
The IEEPA, passed in 1977, grants the power to “regulate” international trade to “deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States.” As the court explained in its decision on Wednesday, if IEEPA grants the president the power to impose tariffs whenever he sees fit, IEEPA would be “an unconstitutional delegation of power.”
The nondelegation doctrine is a fundamental principle of constitutional law that states that Congress cannot delegate legislative power to the president; instead, it must direct the president’s actions with sufficient detail to ensure that he is merely applying the law, not creating it. This principle has been significantly diluted by justices of the left for nearly a century, allowing the executive branch to exercise vast rulemaking power in violation of the Constitution.
Reviving the nondelegation doctrine is one of the many limitations on the federal government’s bloat for which conservatives have been advocating. In 2019, Justice Neil Gorsuch wrote a dissent in a case called Gundy v. United States in which he, joined by Chief Justice John Roberts and Justice Clarence Thomas, argued that, if Congress could transfer legislative power to the executive branch, “it would frustrate ‘the system of government ordained by the Constitution.’” Both Justices Samuel Alito and Brett Kavanaugh have expressed a willingness to join similar reasoning.
And they should. The courts play an essential role in our constitutional system. Their responsibility is to ensure that the other two branches follow the law. First and foremost, that means enforcing the Constitution’s limits.
Political commentator and activist Charlie Kirk posted on X in response to the court’s decision, “With activist judges, what is even the point of having a president?!” He goes on, “While the Constitution grants Congress the power to impose tariffs, Congress delegated much of that power to the Executive branch,” and that “Courts have given the executive branch broad authority to negotiate trade, that is until now.”
But courts have no authority to rearrange the Constitution’s distribution of power any more than Congress does. As Justice Gorsuch explained in his Gundy dissent, the Founders knew that “Article I’s detailed and arduous processes for new legislation . . . were bulwarks of liberty.”
If conservatives will not stand up for the Constitution and the liberties it protects, no one will.
The ultimate ramifications of the court’s decision remain to be seen. Its decision has been temporarily put on hold by the appellate court, with briefs due from the parties over the coming week. But one thing is certain: striking down these tariffs as unconstitutional was not an act of judicial activism. On the contrary, these three judges (two of whom were appointed by Presidents Reagan and Trump) defended the Constitution’s separation of powers.
The court did not attempt a coup. It stopped one.”
Tim Chapman is the president of Advancing American Freedom.
Timothy Harper is counsel for Advancing American Freedom.

MSNBC Chris Jansing Reports: Wine importer sues Trump over tariffs, saying president ‘doesn’t have the authority’

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Cornellians: ‘Wine Is Not Fungible’: How an Alum’s Firm Made Global Headlines

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“Why were you willing not only to participate in this lawsuit, but become the lead plaintiff?

There was really no option. I mean, we’re all sitting around complaining about people not stepping up, and here was an opportunity to do something—to put my money where my mouth is. I knew there were risks involved, but I felt I had to do it.” – Beth Saulnier

TG1 News at 8pm from RAI Italy

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Go to 13:01 for a peek behind the curtain at VOS

 

 

Wine Spectator: Meet the Family-Owned Wine Importer that Might Stymie Trump’s Trade War

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How a tiny wine company’s lawsuit complicated Trump’s tariff plans – The Washington Post

The appeals court is expected to issue a ruling on whether to pause the tariffs while it hears the case sometime within the next two weeks, said Jeffrey M. Schwab, senior counsel and interim director of litigation at the Liberty Justice Center.

In the meantime, Schwartz told The Post that he’s received encouraging letters from Trump voters and other small business owners — and, he said, even had an Italian wine salesman thank him in person.

“This last decision has brought so much emotion, so much story about tariffs to light,” Schwartz said, “that Trump has lost in the court of public opinion.”” -Angie Orellana Hernandez and Tobi Raji

Aristide Economopoulos for The Washington Post