How a skeptical Supreme Court could complicate Trump's tariff agenda
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How a skeptical Supreme Court could complicate Trump's tariff agenda
""I think they are likely to find a solution that's not binary in one direction or the other," Ryan Majerus, an attorney in the Office of the U.S. Trade Representative during Trump's first term, tells Axios. Majerus says the justices could, for example, rule that Trump can unilaterally impose tariffs under the challenged authority, though only in certain instances, while establishing guardrails around when that might be the case."
"The oral arguments on Wednesday lasted almost three hours, nearly twice as long as allotted by the court. Even conservatives on the bench, including those appointed by Trump, appeared skeptical of the government's argument that the president could sidestep Congress and enact widespread tariffs. But some justices also appeared hesitant to restrain a president's emergency powers, just as they voiced skepticism in granting it."
There is a possibility the Supreme Court will avoid a simple binary ruling on IEEPA tariffs and instead craft a narrower solution with guardrails. Oral arguments extended nearly three hours, signaling deep engagement and complexity. Even conservative justices expressed skepticism that the president could bypass Congress to impose widespread tariffs. At the same time, some justices showed hesitation about strictly curtailing presidential emergency powers. Concerns arose about a "serious retrieval problem" if broad authority were granted, while others noted limited unilateral tariff authority could be useful in acute crises such as responses to Russia-related oil purchases.
Read at Axios
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