The Supreme Court's conservatives don't seem to be buying Trump's trillion-dollar tariff play | Fortune

"Conservative members of the Supreme Court on Wednesday appeared skeptical of President Donald Trump's sweeping unilateral tariffs midway through arguments in a case that's a pivotal test of executive power for a tool central to his broader agenda. While the questions at times seemed to challenge the rationale for the tariffs, the arguments are still ongoing, and further questioning could shed additional light on their positions. A decision in the case could take weeks or months."

"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. Justices Neil Gorsuch also questioned the government on whether Trump's position would hand congressional powers to the president."

"The challengers argue the 1977 emergency powers law Trump used doesn't even mention tariffs, and no president before has used it to impose them. A collection of small businesses say the uncertainty is driving them to the brink of bankruptcy. The case centers on two sets of tariffs. The first came in February on imports from Canada, China and Mexico after Trump declared a national emergency over drug trafficking. The second involves the sweeping "reciprocal" tariffs on most countries that Trump announced in April."

Conservative justices expressed skepticism about President Donald Trump's sweeping unilateral tariffs and questioned the legal basis for broad executive authority. The Republican administration defends tariffs under a 1977 emergency powers law, asserting emergency conditions allow the president to regulate importation, including duties. Justices Amy Coney Barrett and Neil Gorsuch pressed the government on whether the statute's language has conferred such power before and whether the position would transfer congressional tariff authority to the president. Challengers contend the statute does not mention tariffs and that no prior president used it to impose them. Multiple lawsuits target two tariff rounds announced in February and April.

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