"JUSTICE NEIL GORSUCH: What's the reason to accept the notion that Congress can hand off the power to declare war to the president? SOLICITOR GENERAL D. JOHN SAUER: We don't contend that again. JUSTICE NEIL GORSUCH: You do, you say it's unreviewable, there's no manageable standard, nothing to be done. Tell me if I'm wrong, you backed off that position. SOLICITOR GENERAL D. JOHN SAUER: Maybe that's fair to say. JUSTICE NEIL GORSUCH: Okay, alright. Thank you. (LAUGHTER) SOLICITOR GENERAL D. JOHN SAUER: That would be, I think, an abdication. That would really be an abdication, not a delegation. JUSTICE NEIL GORSUCH: I'm delighted to hear that you know. (LAUGHTER)."
"I want to return to something Justice Sotomayor asked under this statute okay. So now we're in this statute. It's a major question though. Could the president impose a 50 percent tariff on gas-powered cars and auto parts to deal with the unusual and extraordinary threat from abroad of climate change? SOLICITOR GENERAL D. JOHN SAUER: It's very likely that that could be done. JUSTICE NEIL GORSUCH: I think that has to be the logic of your view. SOLICITOR GENERAL D. JOHN SAUER: Yeah, in other words, obviously this administration would say that's a hoax, it's not a real crisis, but JUSTICE NEIL GORSUCH: I'm sure you would! (LAUGHTER)."
The Supreme Court considered a challenge to presidential authority to impose sweeping tariffs under emergency powers. The government's position suggested emergency powers might permit tariffs targeting foreign threats, potentially including climate change. A hypothetical was raised about imposing a 50 percent tariff on gas-powered cars and parts to address climate change as an unusual and extraordinary threat from abroad. Laughter followed when a characterisation of climate change as a 'hoax' was invoked. The exchange included an acknowledgement that transferring war-declaration power to the president would amount to an abdication rather than a delegation.
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