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Are Trump’s Deals with Nvidia and AMD Constitutional?
Cornell Law professor Michael C. Dorf examines the legality of the Trump administration’s deals with Nvidia and AMD, which require the companies to pay 15% of AI chip sales made to China to the U.S. g...

Earlier this month, the Trump administration announced that it had reached deals with Nvidia and Advanced Micro Devices (AMD) under which the companies would pay the federal government fifteen percent of the money they make selling artificial intelligence chips to China. Both Howard Gleckman at The Tax Policy Center and Professor Ilya Somin at The Bulwark were quick to point out that the deals are, in effect, taxes, but that the Constitution bans export taxes, thus implying that the deals are unconstitutional.
Are they right? Possibly—but the answer is less straightforward than one might think.
...In practice, however, we should not expect the companies to challenge the de facto tax. Nvidia and AMD have likely learned the same lessons that media companies, law firms, and universities have learned about the Trump administration: it will ruthlessly and shamelessly use any and all points of leverage, including unrelated regulatory authority, to punish those entities that refuse to do its bidding. Even though the fifteen percent tax may be unlawful, the companies have probably been advised by their lawyers that contesting it would risk economically ruinous retaliation.
Here, as elsewhere, the question is not so much whether the Trump administration is acting lawfully. The question is whether the administration can get away with violating the law. And as it is in other contexts, the answer is probably yes.