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This link expands on Justice Jackson's second point as quoted above:Jackson's opinion took a similarly flexible approach to the issue by eschewing any fixed boundaries between the powers of Congress and the President. His framework would influence future Supreme Court cases on the president's powers and the relation between Congress and the presidency.[5] He divided Presidential authority towards Congress into three categories (in descending order of legitimacy):
When the President acts with Congressional authorization, express or implied authority from Congress, "his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate.”[6]
When the President acts "in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain.”[7]
Cases in which the President was defying congressional orders "his power is at its lowest ebb." The Court can sustain his actions “only by disabling the Congress from acting upon the subject.”[8]
Supreme Court Justice Amy Coney Barrett noted during her Supreme Court confirmation hearings that the "familiar tripartite scheme" above has since been called "the accepted framework for evaluating executive action" by the Supreme Court.[9]
I expect this Supreme Court to drive a truck through the "imponderables."When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain. Therefore, congressional inertia, indifference or quiescence may sometimes at least as a practical matter, enable, if not invite, measure on independent responsibility. In this area, any actual test of power is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law.
Agreed--just took money out of SWVXX, in a taxable account, to buy a 12 month CD at 4.2%. In my IRA at Schwab, I have a large position in SNAXX that has been paying 4.3%, and it is more difficult to invest outside of Schwab in a CD.Friday, start of Labor Day week-end, 29th Aug: SWVXX is giving a 7-day yield of 4.15%
but don't count on that holding for too long.
Year S&P 500 10 year Treasuries Baa Corporateshttps://pages.stern.nyu.edu/~adamodar/New_Home_Page/datafile/histretSP.html
2000 -9.03% 16.66% 9.39%
2001 -11.85% 5.57% 8.54%
2002 -21.97% 15.12% 12.14%
Regarding your TDF claim, you'll get your money after the case is settled. Of course that assumes that you owned a retail TDF in a taxable account.Respondent [Vanguard] shall distribute from the Fair Fund to each client that enrolled in PAS during the Relevant Period an amount representing that client’s pro rata share of advisory fees paid, plus reasonable interest from any remaining funds, pursuant to a disbursement calculation (the “Calculation”) that will be submitted to, reviewed, and approved by the Commission staff in accordance with this Subsection C.
https://www.ropesgray.com/en/insights/alerts/2025/07/district-court-strikes-down-40-million-settlement-agreement-in-target-date-funds-case-basedOn May 19, 2025, the United States District Court for the Eastern District of Pennsylvania (the “Court”) denied final approval of a $40 million proposed settlement in a major class action lawsuit against The Vanguard Group, Inc. (“Vanguard”) and related parties (“Defendants”).
https://www.reuters.com/sustainability/boards-policy-regulation/vanguard-settles-litigation-over-inflated-mutual-fund-tax-bills-2025-08-07/They [Vanguard and investors] plan by September 22 to seek preliminary approval of the settlement from U.S. District Judge John Murphy, who rejected a $40 million accord on May 19.
https://storage.courtlistener.com/recap/gov.uscourts.cafc.23105/gov.uscourts.cafc.23105.159.0_1.pdfWe are not addressing whether the President’s actions should have been taken as a matter of policy. Nor are we deciding whether IEEPA authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the Trafficking Tariffs and Reciprocal Tariffs imposed by the Challenged Executive Orders are authorized by IEEPA. We conclude they are not.
Okay, there's the word "type". I read it broadly, not literally as "kind", but perhaps as "size" or "breadth of scope". The majority opinion says that "we discern no clear congressional authorization by IEEPA for tariffs of the magnitude of the Reciprocal Tariffs and Trafficking Tariffs. " Perhaps inconsequential, de minimis tariffs (of whatever kind) could slide through.While we agree with the majority that the International Emergency Economic Powers Act (“IEEPA”), 50 U.S.C. § 1701 et seq., does not grant the President authority to impose the type of tariffs imposed by the Executive Orders, Maj. Op. at 26–42, we write separately to state our view that IEEPA does not authorize the President to impose any tariffs.
So, it is not about "the tariffs", but what kind [or instances, per msf] of tariffs.We are not addressing whether the President’s actions should have been taken as a matter of policy.We are notNor are we deciding whether IEEPA authorizes any tariffs at all. Rather, the only issue we resolve on appeal is whether the Trafficking Tariffs and Reciprocal Tariffs imposed by the Challenged Executive Orders are authorized by IEEPA. We conclude they are not.
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