The Supreme Court justices will hear arguments on Wednesday on whether President Donald Trump had the legal authority to unilaterally impose global tariffs. The case could reset the balance of power between the president and Congress.
The Constitution grants Congress the authority to levy tariffs, but the Trump administration’s arguments center on a 1977 law that lets a president act in a “national emergency.”
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Trump used it to declare economic emergencies with more than 100 countries, levying tariffs of 100% or more. Lower courts ruled that he exceeded his authority, saying the power to regulate is not equivalent to the power to tax.
Trump’s comments
Earlier this week, Trump told reporters he’ll be watching the case closely:
“I think it’s the most important decision, one of the most important decisions in the history of our country, because without tariffs, without our being able to use tariffs freely, openly, and in every way, we are really would suffer tremendously from a national security standpoint. The national security of our country is at stake, it’s the biggest, I think it’s one of the biggest decisions in the history of the Supreme Court.”
Trump argued that losing this case would deprive future presidents of a vital national security tool. White House officials said Tuesday they’re confident the Supreme Court will rule in their favor.
“This case is not just about President Trump,” White House press secretary Karoline Leavitt said. “It’s about the use of this emergency authorization for tariffs for future presidents and administrations to come. And, we’re confident and hopeful that the Supreme Court will do the right thing.”
Critics’ concerns
However, small businesses and several states argue that the emergency law was never intended to allow presidents to tax imports arbitrarily. They warn that the move has already wiped out profits, increased prices and cost jobs.
Tariff revenue reached a record of about $30 billion in both August and September.
Legal experts say the decision could reshape both the economy and the presidency, testing how much power a president can claim in the name of national security.
A ruling is expected sometime next year.
