Hello, my friends. Today is February 21st and this is markets weekly. So this past week, the major indexes basically went nowhere. We did have the S&P 500 regained the 50-day moving average, but when you zoom out a bit, it really looks to me that the indexes have gone nowhere for months, are losing momentum, and that is not good. So the biggest news past week of was of course the Supreme Court bombshell on Friday ruling that the president cannot impose tariffs under emergency IEPA powers. So today, let's first talk about what happened there and what could be the next steps.
And secondly, let's talk about some miscellaneous topics like data, Fed Minutes, ECB. All right, starting with the tariffs. So just for some context, remember last April, the operation day, the president stood in the Rose Garden with his giant poster board with all sorts of random numbers on it and declared that he was going to impose tariffs bigly on many countries throughout the world unless they came and made a deal. That panicked the markets, but in the months that followed, many countries did come and signed memorandums of understanding with the US.
In some cases, they did result in concrete investment. There's reporting that Japan, a very, very good US ally, is making investments according to their trade deal. However, many people are wondering, does the president actually have authority to do that? That seems kind of excessive. I mean, does is there really a fentanyl crisis with Canada such that the president can declare an emergency and impose tariffs? Well, we were all about to find out on Friday.
This Supreme Court ruled that actually IEPA doesn't give the president power to impose tariffs. The president can do things like embargoes, but a tariff is a tax, taxation power resizing Congress, so the president can't do that. And the Supreme Court is completely correct. Congress has the power of the tax, but over the past few decades, Congress has, through legislation, delegated a lot of tariff power to the president. So where is the president cannot?
We find out imposed tariffs under our IEPA. The president had a news conference right after the Friday ruling and declared that he would impose global tariffs of 10% through section 122 powers, which is on much sounder legal grounds. On Saturday morning, through truth social tweet, he declared that he's actually going to raise them to 15% globally. Now, under section 122, the president can have 15% tariffs globally, but for a maximum of 150 days.
However, that is not the only avenue where the president can impose tariffs. He can also impose tariffs through other more traditional means, such as section 301. During his first term, the president imposed section 301 tariffs on China that continued under the Biden administration and continued to this day. The difference is that in order to impose tariffs under section 301, you have to have an investigation, a hearing, and then you can impose tariffs.
However, tariffs under that section are under much, on much sturdier legal ground. So the game plan seems to be that sure we're losing IEPA tariffs, but we'll replace them with section 122 tariffs for 150 days. And in the meantime, we'll conduct all the necessary investigations so that we can have other section 301 tariffs ready to go. So according to analysis from Bloomberg, it seems like at the end of the day, overall, the tariffs rates will basically be unchanged.
The president would simply shift his legal authority from IEPA to other legal authority that's less likely to be overturned by the court. So it looks like we are going to have this tariff wall. It's going to continue. This has been a hiccup, but the president is ultimately going to get what he wants. Now, I would also remind everyone that president Biden also continued a lot of the tariffs that Trump put on.
So these tariffs will probably going to continue under a democratic administration as well. This really does look to be the new trade policy for the United States of America. However, what about all those tariff revenue connected the past year? There were a few hundred billion under IEPA. Now, surely, those are legal and they have to be refunded, right? Because the president could not impose tariffs under IEPA.
Well, actually, the Supreme Court did not rule on that. So that's going to be a decision that's going to be litigated in the lower courts. So this kind of sets up this huge messy showdown because, well, who is going to get the refund? Now, some new data, new study from the New York Fed shows that actually tariffs were mostly paid by U.S. importers and U.S. consumers. This is also what happened in 2017-2018 when Trump did tariffs the first time around.
The exporters did pay some tariffs, but not a whole lot. The tariffs did seem to successfully have an impact on rewiring global trade, looking at New York Fed study. There is much less imports coming from China, but keep in mind that a lot of it was simply re-routing. We're, for example, Chinese companies sitting up shop in Mexico, in Thailand, in Vietnam, and basically producing and exporting from those countries, some kind of tariff arbitrage. However, this subs probably did seem to have some impact likely.
Now, the problem with giving tariff refunds is that when an item comes across the border, the importer is the one that concretely pays the tariff. However, in some cases, the importer turns around and raises the prices to the consumer, or whoever he resells it to, they try to pass along some of the cost. How much that is? That's going to be honestly a kind of a subjective thing. I think it's unlikely for an importer to actually have a paper trail and tell the consumer, or whoever, that we're raising your prices by this much because of the tariffs.
If we were to get a big tariff refund to whoever pay the tariff invoice, which would be the easiest way of doing this, the importer would get a huge one-fall of hundreds of billions of dollars, right? Because they would be able to keep the extra revenue they received from raising prices to consumers, and they would also get their tariff payments back. So that's going to be a big mess. So we're not really sure how that's going to be untangled. So the most likely outcome is that we are stuck in litigation for a few years, and none of that tariff revenue gets refunded at least for some time.
So the impact on the markets on Friday was unambiguously paused, right? Tariffs are taxing now that we have the tax removed, at least perceived to remove for that one day. But again, tariffs are coming right back, so it doesn't seem like that's something to be concerned of. Now some people were thinking that if we had super court overturned tariffs, the bond market would revolve, because that means the deficit would go much higher.
We did seem to have yields go up a little bit, but really that could just be a risk on episode. And to be clear, rates are largely the expected path of fit policy, and we don't actually know how the strategy was going to issue debt going forward, suppose that the deficit really is going to be a few hundred billion higher due to the lack of tariffs. You know, maybe they just issue more in the short end, and the short end, it largely follows very, very strongly follows the expected path of fit policy. So you really wouldn't expect to see much of a change in yield to there.
So all in all, tariffs are here to stay. Guys just have to get used to it. All right, secondly, let's talk about also the miscellaneous things that happened last week. So we did have GDP data, we did have some inflation data. GDP was notably weaker than expected, surprisingly weaker than expected, largely due to the government shutdown. Remember, last quarter, the government was shut down for several weeks, and we had a whole lot of people not working.
Now, inflation was also surprising to the upside, but zooming out really GDP inflation has been where it's been for the past several quarters, inflation a little bit below 3% and GDP, you know, stronger than some expected on third quarter, but again, weaker than expected. Fourth quarter, you average that out still seems to be like we're around 2% and change. So it seems to me that really we're just kind of pretty stable here.
And so what does that mean for monetary policy? Well, surprisingly in the Fed minutes, there was some commentary from some, let's just say Fed presidents that maybe we should talk about rates are too excited that we could not just cut rates, but we could also raise rates as well, seemingly thinking that inflation is still stubborn, maybe that we're not being restricted enough, maybe we should high rates later on in the year, or at least have the possibility of doing so.
Now, for context, the market is pricing in two cuts this year. And I think it's kind of ridiculous for anyone on the FOMC to be suggesting that it would high rates. I mean, the trend for the unemployment rate is clearly upwards. The trend for inflation is clearly downwards. Although, of course, it has been plateauing. So it's a high rates in that context given that the broader public is feeling down on consumer sentiment given that administration is insisting on lower rates and given that, you know, back in 2021 when inflation was 5% many people were saying that, hey, it's transitory.
We shouldn't do anything. That's just too ridiculous. And it shows me that, you know, these, what I actually already know that many of these guys have no idea what they're doing. So I don't pay an intention to that. Honestly, the path of monetary policy is going to be more dictated by events that are happening in the background that are far more important than whatever happens with inflation in the coming months, which we'll talk about a little bit.
And the last thing, miscellaneous thing that I'll mention is that there's an interesting article in the financial times saying that Madame Lagarde, president of the ECB, is going to enter term earlier than before he expires because she would like to have president Macron play a role in appointing her successor. For context, the president of the Banc de France also resigned earlier than expected so that Macron can name his successor.
So the fear is, according to the article that you could have someone from the right populist party win and then appoint someone of their choosing to be president of the Banc de France or have a say in who becomes president of the ECB. So it's playing a political game that we see sometimes in the US when it comes to the Supreme Court. As we know, oftentimes a liberal justice would like to resign during a democratic president so that the replacement named could also be a liberal justice and a conservative justice would also like to resign during the time when a Republican president is in charge so that a Republican president can name a Republican successor.
So there are many people, for example, suggesting that maybe Justice Thomas, who is a very conservative justice should resign at the moment so that Trump can replace him. Otherwise, he could suddenly pass away on natural causes during a democratic administration and get replaced by a democratic justice and tip the balance of power. So that's a game that we play in the US for the Supreme Court and now it seems that they're playing the same game in the European Union.
So I thought that was an interesting development and it does show that they are very worried about perhaps if you could have a different political makeup in the EU that would leak into monetary policy. In the case of France, actually the inflation is very much below target. The economy is not doing well and we all know they have a fiscal situation that would really appreciate lower rates. So that's an interesting political dynamic to think about when thinking about the ECB going forward.
So one thing to keep in mind and the last thing we'll talk about is that it does seem that war with Iran is very likely, maybe this weekend, maybe in the coming days. Now recall, there was an Israeli attack against Iran last year that the US participated in in a defensive way and the US also through operation, midnight basically flew a bunch of bombers to Iran and bombed their nuclear facility. So there has been ongoing conflict in the Middle East involving the US for a year now.
And now with all the US Air Force assets being moved there and there is a huge amount of assets we have another carrier that will be in position this Sunday. So they are in a position to have a major operation against Iran. Again, they say that negotiations on ongoing but negotiations were also ongoing during the first operation as well. So there's a lot of tender there and in all it needs is a spark and sometimes when you have powerful political interests, those sparks can be created.
So that is something that could, if it happens, really dominate an overshadow anything that happens in trade policy or GDP or whatnot. There's a potential for this to become very messy. The president has had tremendous success in extracting Maduro in bombing Iran last year but again, there's many, many unknowns when it comes to an operation of the scale.
So that's something I think is going to be the biggest event to watch in the coming weeks. It would be tremendously risk off. So that's what I would focus on for the coming days. All right. So that's all I prepared for today. Thanks so much for tuning in. I'll talk to you guys next week.