The Supreme Court could strike down Trump's tariffs - or expand his power instead

"In April, President Donald Trump declared a national emergency. The United States, he said, had "been looted, pillaged, raped, and plundered" by other countries through trade deficits. Imposing a tariff of at least 10% on nearly every single country in the world would address the problem, Trump said. Select countries, like Brazil and India, would be subjected to even higher tariffs, which are taxes imposed on imported goods."

"To legally justify the "Liberation Day" taxes on American importers, the White House leaned on the International Emergency Economic Powers Act, or IEEPA. The Carter-era law allows presidents to limit international transactions after declaring a national emergency, and has typically been used to justify sanctions. The Supreme Court is considering whether the IEEPA allows presidents to impose tariffs, a power no previous president has ever claimed. If the court decides yes, it'll take up a second issue: Whether giving the president this power tramples upon Article I of the Constitution, which says it's Congress's job to set and collect taxes and duties."

"Those questions give the justices room to choose their own adventure in how they approach the case, according to Rachel Brewster, a professor of international trade at Duke Law School. If they zero in on the text of the IEEPA, they might be more inclined to uphold the decisions of lower courts, which found the tariffs illegal, she said. If their questions center on national security, things could swing in Trump's favor, according to Brewster."

President Donald Trump declared a national emergency in April and announced tariffs of at least 10% on nearly all countries, with higher rates for some like Brazil and India. The White House invoked the International Emergency Economic Powers Act (IEEPA) to justify the tariffs, a law historically used to impose sanctions after emergencies. Lower courts found the tariffs illegal. The Supreme Court will decide whether IEEPA authorizes tariffs and whether that authorization violates Article I's assignment of taxing powers to Congress. The decision could either remove a powerful presidential economic tool or broaden presidential authority over trade and national security.

Read at Business Insider