Supreme Court questions Trump’s authority to impose tariffs


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Summary

Three hours of arguments

The Supreme Court extended oral argument time for the tariffs cases by 30 minutes for each side, revealing the importance of this case.

Judges skeptical

Both conservative and liberal judges asked the administration’s attorney rapid-fire questions.

Outcome could be seismic

Whether or not the court will side with the Trump administration is to yet to be seen, but the repercussions could have great impact on businesses, consumers and the global economy.


Full story

Both conservative and liberal Supreme Court justices expressed skepticism Wednesday over the legality of President Donald Trump’s broad imposition of global tariffs. The court heard almost three hours of oral arguments in a case with significant implications for the expansion of presidential power.

The court’s conservative majority has tended to side with Trump on many cases this year but appeared inclined to break from the president over this tariffs case, the outcome of which could have major impacts on business, consumers and international trade. 

U.S. Solicitor General D. John Sauer defended the Trump administration’s application of tariffs under the International Emergency Economic Powers Act of 1977. The law gives the president the power to impose tariffs and other economic sanctions during national emergencies.

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Justices, however, suggested Trump’s interpretation of the law was overly broad.

“So [President Joe] Biden could have declared a national emergency, and global warming, and then gotten his student forgiveness?” Justice Sonia Sotomayor asked.

Sauer described the law’s language as “capacious.”

Attorney Neal Katyal, representing private businesses that challenged Trump’s tariffs, argued the law does not authorize sweeping tariffs on most U.S. trading partners. 

“This is not wartime,” Katyal said. “They are tariffing the entire world in peacetime.”

He said Trump “has torn up the entire tariff architecture. … This is not something that any president has had the power to do in our history.”

Alan Judd (Content Editor ) contributed to this report.
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Why this story matters

The Supreme Court's review of President Donald Trump's use of emergency powers to impose global tariffs could redefine the scope of executive authority and the congressional role in trade and taxation, directly affecting businesses, consumers and constitutional balance of power.

Separation of powers

The case tests whether the president can unilaterally impose tariffs without clear congressional authorization, highlighting fundamental questions about the distribution of authority between the executive and legislative branches.

Economic impact

The outcome may affect trillions in revenue, small businesses' survival and consumer costs, with plaintiffs and experts citing major financial consequences from the tariffs and potential refunds if they are struck down.

Major questions doctrine

Justices and challengers invoked the principle that Congress must explicitly grant authority for significant economic actions, scrutinizing whether the 1977 law justifies the administration's broad use of tariffs.

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Context corner

The case revolves around the International Emergency Economic Powers Act of 1977, originally intended to allow presidents to regulate commerce only during true emergencies such as wars. Historically, Congress has held exclusive authority to impose tariffs or taxes.

Diverging views

Articles in the left category frame Trump’s tariff actions as a dangerous power grab undermining democracy and harming working Americans, while right-leaning coverage focuses on the legal overreach and questions the administration’s broad interpretation of legislative intent without endorsing the broader economic critiques.

Policy impact

If the Supreme Court invalidates these tariffs, U.S. importers could receive tens of billions in refunds, and the government may lose a primary trade bargaining tool. If upheld, future presidents could command broad trade powers with limited congressional oversight.

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Media landscape

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