A majority of US Supreme Court justices appeared deeply skeptical of the legality behind a swath of Donald Trump’s tariffs as they heard a landmark case Wednesday that could uphold — or upend — the president’s economic agenda.
Billions of dollars in customs revenue and a key lever in Trump’s trade wars are at stake as the conservative-dominated panel again grappled with the Republican’s attempts to expand presidential powers.
The high court’s nine justices are considering Trump’s use of emergency powers to impose “reciprocal” tariffs on nearly every US trade partner, as well as levies targeting Mexico, Canada and China over their alleged roles in illicit drug flows.
In a hearing lasting more than two-and-a-half hours, several conservative justices, along with the three liberals, questioned whether the International Emergency Economic Powers Act (IEEPA) that Trump invoked confers the authority to impose tariffs.
“The statute doesn’t use the word tariffs,” said Chief Justice John Roberts, and imposing tariffs is equivalent to taxation, which has always been a “core power of Congress.”
The justices sought to clarify whether Congress has to give clear authorization for policies with significant economic or political consequences.
Solicitor General John Sauer, arguing on behalf of the Trump administration, said this did not apply given the president’s inherent, broad range of authorities.