What the Supreme Court's justices said about the legality of Trump's tariffs

What the Supreme Court's Justices Said About the Legality of Trump's Tariffs

On Wednesday, a majority of Supreme Court justices showed skepticism about President Donald Trump's authority to impose tariffs under a Carter-era law. The hearing focused on whether the president has too much unilateral power in this area.

Key Issues in the Hearing

The Court examined tariffs known as the "Liberation Day" tariffs, imposed on various countries by Trump, alongside other tariffs justified using the International Emergency Economic Powers Act (IEEPA). This law allows presidents to "regulate" imports during emergencies.

The Trump administration argued that this regulation includes the ability to tax imported goods — a claim no previous president has made under this statute.

Legal Doctrine and Court's Concerns

Justices debated whether the case should be decided under the major questions doctrine, which requires Congress to be unmistakably clear when granting presidents power over major economic or political decisions.

The justices questioned whether such broad tariff powers were appropriate without explicit congressional authorization.

During the session, most of the nine justices posed sharp questions to Solicitor General D. John Sauer, who advocated for the Trump administration's position.

Summary

The Supreme Court's questioning reflects doubts about the extent of executive tariff powers under a decades-old law, highlighting tension between presidential authority and congressional limits.

Author's Note

This hearing underscores the ongoing debate over the balance of power between the presidency and Congress in trade and economic policy.

Insider — 2025-11-06