Transcript
Amanda Whalen (0:00)
So good, so good, so good.
Anne Barry (0:03)
New spring arrivals are at Nordstrom Rack stores now. Get ready to save big with up to 60% off rag and bone, Marc Jacobs, free people and more. How did I not know Rack has Adidas?
Amanda Whalen (0:14)
Cause there's always something new.
Anne Barry (0:16)
Join the Norty Club to unlock exclusive discounts. Shop new arrivals first and more. Plus buy online and pick up at your favorite Rack store for free. Great brands, great prices. That's why you rack. The kids are out of school on the east coast, so it's maybe a good day for pizza and a movie. We sled through earnings from Domino's and amc. AI fears keep fueling a sell off in software stocks. So what can executives say to get investors to keep the faith? We ask the CFO of Klaviyo, Amanda Whalen and if 2026 was meant to have put tariff uncertainty behind us, Friday's Supreme Court ruling brought it right on back. We break down the latest on trade policy and how the market's reacting for February 23, it's blue markets Daily and I'm Anne Barry. More market details to come. But first, in a David versus Goliath moment, one family run toy business has left the markets waiting to see where trade goes from here. Well, Learning Resources Inc. A 30 year old firm based in Illinois, imports most of the educational toys it sells from China. And it was one of the first small businesses to bring a lawsuit against President Trump's tariffs last April. Well, according to Reuters, citing a 2025 U.S. chamber of Commerce report, small businesses account for a whopping 97% of US importers. And this one took its case all the way to the Supreme Court, which ruled on Friday that the broad tariffs that the President had instigated, citing the International Emergency Economic Powers act, otherwise known affectionately as IEIPA and which represent about 60% of the tariffs the administration put in place are not legal. Well, before being struck down, these were placed on goods from a wide array of countries using a whole variety of justifications, from tying levies on China to fentanyl trafficking to tariffs penalties on India to just reciprocal tariffs on imports from the European Union, Japan, South Korea. In effect, IPA was invoked to cover tariffs on nearly every major US trading partner, while the Supreme Court voted 6, 3 that the 1977 law was meant to give the president powers to address national emergencies, but not to authorise the president to levy tariffs on imports. Under the Constitution, only Congress has the clear power to lay and collect taxes, duties, impasses and excises, and the court emphasized that such Significant economic policy decisions require explicit congressional authorization. But the administration has moved quickly to impose replacement tariffs since Friday's ruling. President Trump announced this weekend that he would set a 15% global tariff under section 122 of the Trade act of 1974. This allows the president to impose a surcharge for balance of payments concerns. That means trade deficit, but not for long, only around 150 days. And this has not yet faced full legal testing because no president has invoked section 122 before. Well beyond this, officials are pursuing other statutory mechanisms, including section 301 addressing unfair trade practices and section 232 addressing national security through investigations that could lead to more durable country specific tariffs going forward. While the U.S. commerce and treasury secretaries Howard Lutnick and Kevin Besant had warned that alternative tariffs would be found almost as soon as these lawsuits surfaced last year. And President Trump posted on Truth Social recently, quote, the court has also approved all other tariffs of which there are many, and they can all be used in a much more powerful and obnoxious way with legal certainty than the tariffs as initially used. Emphasis on the word obnoxious there. Well, the flurry of activity explains why the market reaction has been net somewhat muted. We did see volatility today, but the Supreme Court ruling had seemed likely. So while the market ticked up on Friday, gains basically were reversed over the course of today and in a roller coaster way because what has not been mapped out is the logistics of consumers and businesses seeking possible refunds for the estimated $130 billion generated by the now no go tariffs. The Supreme Court did not weigh in on refunds, so this is likely to end up in another court battle. So we're back to uncertainty on the tariffs front when it comes to what a long term policy may look like. But what does seem certain is that the Trump administration is not going to let this go and will keep pushing to keep its tariffs in place. We'll keep on watching. Well, coming up, we take a spin through the headlines that are moving the markets today and my conversation with Amanda Whalen, the chief financial officer of Klaviyo, about the company's position amidst a broad software sell off. But first, a word from our sponsor, Charles Schwab. 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