"The Constitution says Congress has the power to levy tariffs. But the Trump administration argues that in emergency situations the president can regulate importation - and that includes tariffs. Justice Amy Coney Barrett grilled the government on that point. "Has there ever been another instance in which a statute has used that language to confer the power?" she asked."
"Justice Neil Gorsuch also questioned whether Trump's position would hand too much congressional power to the president. "Is the constitutional assignment of the taxing power to Congress, the power to reach into the pockets of the American people, just different?" he asked. "And it's been different since the founding?" Questions from Chief Justice John Roberts also suggested he might not be convinced. With the court's three liberal-leaning justices seeming deeply dubious, the tariffs challengers could win by swaying two conservatives."
The Supreme Court heard arguments on whether a president can unilaterally impose tariffs under a 1977 emergency law. Conservative justices expressed skepticism about the administration's claim that the law grants near-limitless authority to set and change import duties. Justices Amy Coney Barrett, Neil Gorsuch and Chief Justice John Roberts asked pointed questions about statutory precedent and the constitutional allocation of taxing power to Congress. Challengers contend the 1977 law does not mention tariffs and note no prior president used it to impose them. Small businesses say tariff uncertainty is threatening their survival. A ruling could take weeks or months and could determine the legality of two sets of tariffs.
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