Supreme Court justices grill lawyer for Trump on tariffs, questioning legality of sweeping tariffs.
In a major test of President Donald Trump's powers, US Solicitor General John Sauer was grilled by conservative and liberal Supreme Court justices over the legality of Trump's sweeping tariffs, which have implications for the global economy. The case involves tariffs imposed under the International Emergency Economic Powers Act (IEEPA), which has never been used before in this way.
The justices questioned Sauer about whether Trump had intruded on Congress's power by imposing tariffs without clear congressional authorization. Conservative Chief Justice John Roberts stated that tariffs on Americans are "the core power of Congress" and that these tariffs seem to be raising revenue, which the Constitution considers a role for Congress.
Justice Amy Coney Barrett also pressed Sauer, asking if he could point to any other place in the code or history where the phrase "regulate importation" has been used to confer tariff-imposing authority. Liberal Justice Elena Kagan pressed Sauer about his claim that Trump's tariffs are supported by the president's inherent powers under the Constitution, saying that this power is usually thought of as belonging to Congress.
The case is a test of Trump's use of executive authority in areas that have traditionally been reserved for Congress, such as imposing taxes and regulating foreign commerce. The Supreme Court has previously used its "major questions doctrine" to strike down key policies, but it remains unclear whether this doctrine would apply to tariffs imposed under IEEPA.
The justices also questioned the administration's argument that Trump's tariffs were justified by a national emergency related to trade deficits. Justice Neil Gorsuch suggested that interpreting IEEPA in this way could lead to a "one-way ratchet" of power in the executive branch, away from Congress and the people.
The case has significant implications for global trade and economic policy. The tariffs have generated $89 billion in estimated collections since February 4, when the most recent data was released by the US Customs and Border Protection agency.
In a major test of President Donald Trump's powers, US Solicitor General John Sauer was grilled by conservative and liberal Supreme Court justices over the legality of Trump's sweeping tariffs, which have implications for the global economy. The case involves tariffs imposed under the International Emergency Economic Powers Act (IEEPA), which has never been used before in this way.
The justices questioned Sauer about whether Trump had intruded on Congress's power by imposing tariffs without clear congressional authorization. Conservative Chief Justice John Roberts stated that tariffs on Americans are "the core power of Congress" and that these tariffs seem to be raising revenue, which the Constitution considers a role for Congress.
Justice Amy Coney Barrett also pressed Sauer, asking if he could point to any other place in the code or history where the phrase "regulate importation" has been used to confer tariff-imposing authority. Liberal Justice Elena Kagan pressed Sauer about his claim that Trump's tariffs are supported by the president's inherent powers under the Constitution, saying that this power is usually thought of as belonging to Congress.
The case is a test of Trump's use of executive authority in areas that have traditionally been reserved for Congress, such as imposing taxes and regulating foreign commerce. The Supreme Court has previously used its "major questions doctrine" to strike down key policies, but it remains unclear whether this doctrine would apply to tariffs imposed under IEEPA.
The justices also questioned the administration's argument that Trump's tariffs were justified by a national emergency related to trade deficits. Justice Neil Gorsuch suggested that interpreting IEEPA in this way could lead to a "one-way ratchet" of power in the executive branch, away from Congress and the people.
The case has significant implications for global trade and economic policy. The tariffs have generated $89 billion in estimated collections since February 4, when the most recent data was released by the US Customs and Border Protection agency.