Supreme Court justices appear skeptical of Trump's tariff arguments

"Supreme Court justices appeared skeptical Wednesday of the government's argument that President Trump could bypass Congress to impose tariffs on other countries by using national security as the legal rationale. Both the court's six conservatives and its three liberals sharply questioned D. John Sauer, the solicitor general, on Trump's use of the International Emergency Economic Powers Act, known as IEEPA."

"Lower courts have ruled that Trump exceeded his authority under both the statute and the Constitution. But the president argues that both allow him to impose tariffs in order to deal with persistent trade imbalances and to stem the flood of fentanyl coming into the United States. Both, he asserts, present national emergencies and pose a threat to national security."

"Sauer told the justices Wednesday that the tariffs put in place by Trump are "regulatory ... not revenue-raising tariffs." "The fact that they raise revenue was only incidental," he said. Neil Katyal, a lawyer for those challenging the government, began his argument by simply noting: "Tariffs are taxes." Trump has repeatedly cited the amount of revenue tariffs have brought the federal government. They've brought in $195 billion this fiscal year, according to the Committee for a Responsible Federal Budget, a fiscal watchdog group."

Supreme Court justices questioned whether the President can use the International Emergency Economic Powers Act and national-security claims to impose tariffs without Congressional authorization. Both conservative and liberal justices pressed the solicitor general on whether the tariffs fall within statutory and constitutional authority. Lower courts found the President exceeded his powers. The administration argues tariffs address persistent trade imbalances and the influx of fentanyl, asserting national emergencies. The solicitor general characterized the tariffs as regulatory, not primarily revenue-raising, while challengers emphasized that tariffs function as taxes. The tariffs generated about $195 billion this fiscal year and prompted litigation after businesses were spooked.

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