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Opinion: Trump promised to raise taxes, but Biden and Congress could tie his hands

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Opinion: Trump promised to raise taxes, but Biden and Congress could tie his hands

Now that Donald Trump will be headed to the White House, it is all but certain that he will pursue significant new taxes on imported goods. Although a widely criticized policy, there is little stopping him from doing this due to trade powers that Congress has given the executive branch over the years. Before President Biden leaves office, his administration and the current Congress should consider scaling back the president’s power to unilaterally enact tariffs. This restraint would protect households from large tax increases, prevent economic harm and ease relations with our major trading partners.

President-elect Trump has promised to enact significant new tariffs on imports. Last week he stated that on his first day in office he would impose 25% tariffs on all imported goods from Mexico and Canada, as well as import taxes on Chinese goods as high as 60%. Others are likely to follow. Trump could also pursue more targeted tariffs on certain goods in the same way he did during his first administration.

Contrary to what Trump and many of his supporters claim, these taxes would end up placing a significant burden on American households. Just a 10% across-the-board tariff plus a 60% tariff on Chinese imports could raise more than $2.8 trillion over a decade for an average tax increase of $1,820 per household, according to estimates from the Tax Policy Center.

Although these tariffs would have significant implications for the federal budget and household finances, there is little to stop Trump from unilaterally enacting these taxes under current law. Generally, the Constitution states that Congress has the authority to “lay and collect” taxes and regulate commerce with foreign nations. However, Congress outsourced much of the power to enact tariffs to the executive branch throughout the 20th century. As a result, the president now has broad authority to levy taxes on imported goods. In many cases, the administration only needs to determine there is a national emergency or a national security threat.

These unilateral tariff powers were used to great effect in the past by Trump and other presidents. During Trump’s first term he enacted tariffs on steel from most countries by claiming this served national security. Biden utilized powers from the Trade Act of 1974 to increase tariffs on Chinese imports. Decades earlier, President Nixon used existing authority to impose a 10% tariff on all imported goods coming into the United States.

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The current Congress and Biden should step in and enact legislation that ensures that Trump is unable to impose such significant trade measures without congressional approval. They could do this much the same way Congress stepped in to block tariffs proposed by President Carter in 1980.

Scaling back these powers would have benefits besides protecting Americans from tax increases.

First, shifting the power to lay and collect tariffs back to Congress would mean that major tariff proposals are properly debated. Congress is currently required to debate and pass legislation to make even small changes to income or payroll taxes. This should be true for tariffs as well, especially proposals that involve trillions in additional federal revenue. Trump should have to convince Congress that enacting across-the-board tariffs would be consistent with his geopolitical goals and would be worth the economic costs.

Second, handing the reins back to Congress would reduce market uncertainty. Simply the risk of tariffs can have a negative effect on the economy. Businesses that expect tariffs may be less likely to pursue investments that may be subject to taxation at some point in the future. Shifting tariff power back to Congress means that proposals to raise and repeal tariffs would be more predictable.

Third, it would help improve relations between the U.S. and its trading partners. Trump’s approach to trade policy has proved to worsen relationships between the United States and its most important trade partners. Even prior to Trump’s election, the European Union had already announced that it would hit back at the United States if Trump enacted tariffs on EU products. Trade wars with our allies run counter to Trump’s goal of countering geopolitical foes such as China and magnify the economic damage of Trump’s tariff policies.

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Although legislation limiting the president’s tariff power could prevent Trump from unilaterally enacting tariffs, it may not prevent them entirely. Reports suggest that the Trump administration and Rep. Jason Smith (R-Mo.), the chairman of the House Ways and Means Committee, are discussing ways in which to incorporate tariffs into next year’s tax bill. This would be a mistake, but at the very least it would be debated before being enacted.

While there are few tax issues that the Democratic Senate, Republican House and President Biden agree on, they should be able to unite behind preventing significant, unlegislated tax increases on American households.

Kyle Pomerleau is a senior fellow at the American Enterprise Institute, where he studies federal tax policy.

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Commentary: In two new court cases, judges find that AI does not have human intelligence

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Commentary: In two new court cases, judges find that AI does not have human intelligence

It’s becoming clearer with every passing day that the only people making a serious effort to come to grips with the implications of artificial intelligence for society aren’t legislators, or business leaders, or AI promoters themselves. They’re judges.

Indeed, in recent weeks, judges in two federal cases have drawn a line that seems to have eluded many others contemplating AI. The cases relate to copyright law and attorney-client privilege.

In both cases, the judges have effectively declared that AI bots are not human. They don’t have rights reserved for people, and their outputs don’t deserve to be treated as though they come from human intelligence or have any special high-tech standing.

Must invention remain exclusively human, or can autonomous computational systems genuinely originate ideas?

— Artist and computer scientist Stephen Thaler

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There’s more to those cases than that. Both cases, including one that got as far as the Supreme Court, underscore the determination of AI promoters and uses to infiltrate the new technology deeper into society.

Start with the more recent case. On Monday, the Supreme Court declined to take up a lawsuit in which artist and computer scientist Stephen Thaler tried to copyright an artwork that he acknowledged had been created by an AI bot of his own invention. That left in place a ruling last year by the District of Columbia Court of Appeals, which held that art created by non-humans can’t be copyrighted.

The case revolved around a 2012 painting titled “A Recent Entrance to Paradise,” depicting train tracks running under a bridge and disappearing into vegetation. Thaler wrote in his application for a copyright that the “author” of the work was his “Creativity Machine,” an AI tool, and that the work was “created autonomously by machine.”

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The appellate ruling didn’t engage in artistic criticism, but the work’s artificial origin might be manifest to the discerning eye — its landscape is busy yet indistinct, sort of a melange of green and purple, and the framing doesn’t have any artistic logic — the eye doesn’t know what it’s supposed to be following. But Thaler says it’s the AI bot’s creation and wasn’t generated in response to any user prompt.

In any event, for Judge Patricia A. Millett, who wrote the opinion for a unanimous three-judge panel, the case wasn’t a close one. She cited longstanding regulations of the Copyright Office requiring that “for a work to be copyrightable, it must owe its origin to a human being.”

Millett noted that Thaler hadn’t bothered to conceal the non-human origin of “A Recent Entrance,” acknowledging in court papers that the painting “lacks human authorship.” She rejected Thaler’s argument, as had the federal trial judge who first heard the case, that the Copyright Office’s insistence that the author of a work must be human was unconstitutional. The Supreme Court evidently agreed.

Thaler told me he didn’t see the Supreme Court’s turndown as a “legal defeat.” In a LinkedIn post about the case, he wrote that the decision “represents a philosophical milestone — one that exposes how deeply our intellectual property system struggles to confront autonomous machine creativity.”

As that suggests, Thaler believes we shouldn’t distinguish how we view human creations from machine outputs. “Intelligence, creativity, and invention are not limited to human products,” he told me by email. Autonomous computational systems such as his AI program, he said, “can generate these functions independently.”

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Millett’s ruling actually opened the door to admitting AI into the copyright world — but only when it’s used as a tool by a human author. What set Thaler’s case apart from those, she wrote, was his insistence that his AI bot was the “sole author of the work” (emphasis hers), “and it is undeniably a machine, not a human being.”

That brings us to the second case, which involved the question of whether an AI bot’s work should be protected under attorney-client privilege. Federal Judge Jed S. Rakoff of New York ruled, concisely, “The answer is no.”

As I’ve written in the past, Rakoff is one of our most percipient jurists about the impact of new technologies on the law. In his occasional essays for the New York Review of Books, he’s examined how a secret AI algorithm has skewed the sentencing of criminal defendants (especially Black defendants), how cryptocurrency advocates have made a tangle of existing laws on fraud, and how the misuse of cognitive neuroscience has resulted in convictions based on false memories.

In other words, Rakoff isn’t a judge you should try snowing with technological flapdoodle.

The case involved one Bradley Heppner, who was indicted by a federal grand jury for allegedly looting $150 million from a financial services company he chaired. Heppner pleaded innocent and was released on $25-million bail. The case is pending.

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According to a ruling Rakoff issued on Feb. 17, the issue before him concerned exchanges that Heppner had with Claude, the chatbot developed by the AI firm Anthropic, written versions of which were seized by the FBI when it executed a search warrant of Heppner’s property.

Knowing that an indictment was in the offing, Heppner had consulted Claude for help on a defense strategy. His lawyers asserted that those exchanges, which were set forth in written memos, were tantamount to consultations with Heppner’s lawyers; therefore, his lawyers said, they were confidential according to attorney-client privilege and couldn’t be used against Heppner in court. (They also cited the related attorney work product doctrine, which grants confidentiality to lawyers’ notes and other similar material.)

That was a nontrivial point. Heppner had given Claude information he had learned from his lawyers, and shared Claude’s responses with his lawyers.

Rakoff made short work of this argument. First, he ruled, the AI documents weren’t communications between Heppner and his attorneys, since Claude isn’t an attorney. All such privileges, he noted, “require, among other things, ‘a trusting human relationship,’” say between a client and a licensed professional subject to ethical rules and duties.

“No such relationship exists, or could exist, between an AI user and a platform such as Claude,” Rakoff observed.

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Second, he wrote, the exchanges between Heppner and Claude weren’t confidential. In its terms of use, Anthropic claims the right to collect both a user’s queries and Claude’s responses, use them to “train” Claude, and disclose them to others.

Finally, he wasn’t asking Claude for legal advice, but for information he could pass on to his own lawyers, or not. Indeed, when prosecutors tested Claude by asking whether it could give legal advice, the bot advised them to “consult with a qualified attorney.”

In his ruling, Rakoff did make an effort to address the broader questions judges face in dealing with AI. “Only three years after its release,” he wrote, “one prominent AI platform is being used by more than 800 million people worldwide every week. Yet the implications of AI for the law are only beginning to be explored.”

He concluded that “generative artificial intelligence “presents a new frontier in the ongoing dialogue between technology and the law….But AI’s novelty does not mean that its use is not subject to longstanding legal principles, such as those governing the attorney-client privilege and the work product doctrine.”

In this case and elsewhere, Rakoff has shown a superb grasp of technology issues. In his 2021 essay about the AI algorithm capable of sending people to jail, he put his finger on the factor that makes the very term “artificial intelligence” a misnomer.

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The term, he wrote, tends to “conceal the importance of the human designer….It is the designer who determines what kinds of data will be input into the system and from what sources they will be drawn. It is the designer who determines what weights will be given to different inputs and how the program will adjust to them. And it is the designer who determines how all this will be applied to whatever the algorithm is meant to analyze.”

He’s right. That why judges have had so much trouble determining whether the AI engineers feeding information into chatbots to make it seem like they’re “creative” and even “sentient” are infringing the copyrights of the original creators of that information, or creating something new.

The problem is that they’re asking the wrong question. Everything an AI bot spews out is, at more than a fundamental level, the product of human creativity. The AI bots are machines, and portraying them as though they’re thinking creatures like artists or attorneys doesn’t change that, and shouldn’t.

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As gas prices rise, California gets punched harder at the pump than other states

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As gas prices rise, California gets punched harder at the pump than other states

Californians are feeling more pain at the pump than any other state as the conflict with Iran pushes up prices.

Spencer Shearer was filling up his Nissan Sentra on Friday morning at the Chevron station in Brentwood near San Vicente and Montana avenues and paying a rate higher than almost anywhere else in the country: $5.55 per gallon.

“It sucks,” Shearer said as he watched his bill on the pump click toward $50.

With the continued conflict in and around Iran, gas prices are rising. In the Los Angeles area and a few places around the San Francisco Bay Area, the cost of gas has cracked $5-per-gallon again and is even tipping toward $6 in a few places.

The spreading conflict in the Persian Gulf has had a predictable but unwelcome impact on California drivers. Californians usually pay far more for gas than people in other states.

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Its pole position on prices is continuing with the latest surge.

The average cost of a gallon of regular gas in California is the most expensive in the country at $4.91, up 6% from a week ago and 11% from a month ago, according to AAA. The nationwide average is $3.32 per gallon.

The conflict with Iran has strangled movement through the Persian Gulf and catapulted the price of a barrel of oil.

The prices in California are higher than in other states because of higher taxes and stricter requirements for cleaner, more expensive gas that pollutes less. This has been a festering issue not only for the industry but also for consumers.

Fuel marketers, gas station owners and some voters have blamed Gov. Gavin Newsom’s policies.

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Gas prices at a Shell station on Foothill Boulevard.

(Robert Gauthier / Los Angeles Times)

Newsom told regulators in 2021 to stop issuing fracking permits and phase out oil extraction by 2045. He also signed a bill allowing local governments to block the construction of oil and gas wells. He seemed to ease his stance last year and signed a bill allowing up to 2,000 new oil wells per year through 2036 in Kern County, which produces about three-fourths of the state’s crude oil.

As a result of the policies that seem aimed at punishing oil producers, California has seen a steady decline in crude oil production, making it more reliant on oil and gasoline supplies outside the state.

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In 2024, only 23% of the crude oil refined in the state was pumped in California, with 13% from Alaska and 63% from elsewhere in the world, including about 30% from the Middle East, according to the Western States Petroleum Assn.

The primary reason gas prices in California are high is that refinery closures are reducing local supply while demand has remained high, said Zachary Leary, chief lobbyist at the Western States Petroleum Assn.

“Geopolitical events … show and highlight how fragile it is here in California,” he said.

California’s special gasoline blends are increasingly imported from overseas and can require more than a month to transport, he added.

Supply bottlenecks have been exacerbated by recent refinery closures, including the Phillips 66 refinery in Wilmington in October and the idling and planned closure of the Valero refinery in Benicia, which reduced refining capacity in the state by close to 20%.

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It is hard to predict how long this spike in prices will stay, said Severin Borenstein, faculty director of the Energy Institute at UC Berkeley’s Haas School of Business.

“We don’t know whether the war will widen or end quickly,” said Borenstein. “Those things will drive the price of crude.”

At the Brentwood gas station, product manager Conner Uretsky, 30, waited as his partner refueled her Toyota Prius ahead of a trip to Palm Springs. Lately, he said, surging fuel costs have made him think twice about going on road trips.

Uretsky, who moved to Los Angeles from the East Coast about six years ago, said he was initially shocked by the region’s high cost of living.

“Gas prices are crazy,” he said.

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Paula, a writer who declined to share her last name, said she was “furious” at President Trump’s decision to start a war with Iran, as well as his recent actions in Venezuela and threats against Greenland and Cuba.

“If you look at who’s paying for this war, we are,” she said, pointing to the fuel price flip sign as she waited for her Volvo hybrid SUV to refuel.

Shearer says he has to be more careful with his gas budget. The business analyst tries to find the least expensive gas near his home in Los Angeles. Still, he’s gotten used to California’s high prices.

“It feels almost normal to be paying this amount,” he said.

Times staff writer Laurence Darmiento contributed to this report.

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Labubu maker Pop Mart is opening U.S. headquarters in Culver City

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Labubu maker Pop Mart is opening U.S. headquarters in Culver City

Pop Mart, the Chinese toymaker known for its collectible Labubu dolls, reportedly plans to open a new office building in Culver City as it seeks to expand its North American presence.

The 22,000-square-foot office will serve as Pop Mart’s new U.S. headquarters, according to real estate data provider CoStar, which earlier reported the deal.

Pop Mart, founded in 2010 in Beijing, is credited with fueling the frenzy over “blind boxes” — small, collectible toys sold in packaging that keeps the exact figure inside a surprise until it is unsealed.

The toymaker, which is publicly traded on the Hong Kong Stock Exchange, has nearly 600 physical stores across 18 countries, according to its September 2025 half-year financial report.

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Much of its recent growth has concentrated in the U.S. In the first half of last year, the company opened 40 new stores, including 19 in the Americas. In Southern California, it now has stores in Westfield Century City, Glendale Galleria, and Westfield UTC Mall in La Jolla.

The office building Pop Mart is moving into, named “Slash,” features leaning glass windows and a distinguishable jagged design. The 1999 building was designed by the Los Angeles architect Eric Owen Moss.

Pop Mart’s decision to root itself in L.A.’s Westside comes amid Culver City’s transformation from a sleepy suburb known for being the home to Sony Pictures Studios — to an urban hub, driven, in part, by the Expo Line station that opened in 2012.

Ikea recently announced plans to open a 40,000-square-foot store in Culver City’s historic Helms Bakery complex — its first in L.A.’s Westside — later this spring.

Big tech has played an important role in Culver City’s recent evolution. Recent additions include Apple, which has opened a studio and has been building a larger office campus; Amazon, which in 2022 unveiled a massive virtual production stage, and Tiktok, which in 2020 opened a five-floor office featuring a content creation studio. Pinterest has a new office in Culver City as of last month, according to the company’s LinkedIn account.

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