Supreme Court Sounds Skeptical of Trump’s Tariffs

There’s a case involving tariffs before the Supreme Court today. Those who listened to the oral arguments think several of the justices sounded skeptical of the Trump administration’s arguments that Trump has the power to use tariffs under an emergency declaration. 

The legal question is whether a 1977 law called the International Emergency Economic Powers Act, or IEEPA, which allows the president to regulate imports when there is an emergency, extends to the power to impose global tariffs of unspecified duration and breadth.

The Constitution states that the power to set tariffs is assigned to Congress. IEEPA, which does not specifically mention tariffs, says the president can “regulate” imports and exports when he deems there to be an emergency, which occurs when there is an “unusual and extraordinary threat” to the nation…

During the argument, Chief Justice John Roberts, one of the court’s conservatives, noted that “the imposition of taxes on Americans” has always “been the core power of Congress,” a fact that was echoed by other justices in their questioning.

“The statute doesn’t use the word tariff,” Roberts said.

Or as liberal Justice Elena Kagan told Sauer: “It has a lot of actions that can be taken under this statute. It just doesn’t have the one you want.”

That line comes during this exchange where Justices Barrett, Kagan and Sotomayor all seem to be in agreement that the tariff power is not stated in the text of IEEPA.

Justice Barrett asks if “Regulate” means power to tariff.

While U.S. Solicitor General D. John Sauer responds, Justice Sotomayor: “Could you just answer the justice’s question?”

Barrett: “Can you identify any statute that used that phrase…?” pic.twitter.com/SOMhHSGZBm

— CSPAN (@cspan) November 5, 2025

That Kagan and Sotomayor would be against this is a given. But it really sounds as if several of the conservatives were also very skeptical.

Several members of the court’s conservative majority, including Justice Amy Coney Barrett and Justice Neil M. Gorsuch, joined the liberal justices in sharply questioning the Trump administration’s assertion that it has the power to unilaterally impose tariffs without Congressional approval.

Justice Barrett, who is seen as a key vote, questioned the scope of President Trump’s reciprocal tariffs, which she described as “across the board.”

“Is it your contention that every country needed to be tariffed because of threats to the defense and industrial base?” she asked. “I mean, Spain? France? I mean, I could see it with some countries but explain to me why, as many countries needed to be subject to the reciprocal tariff policy, as are.”

Obviously, if the three liberals are joined by Barrett, Gorsuch and Roberts, Trump is going to lose this battle. And it’s not just because Trump’s use of the IEEPA is questionable. The court is also under a spotlight because it has previously refused to grant sweeping new powers to President Joe Biden.

The high-stakes case puts the spotlight on a court that was skeptical of President Joe Biden’s unilateral use of executive power, including his attempt to forgive billions of dollars in student loan debt. The court blocked that proposal, citing what has been called the “major questions doctrine.”

Under that theory, embraced by the conservative majority in recent years, a president cannot impose a broad policy with huge impacts on society and the economy unless Congress passes a law that specifically allows for it.

Listen to this exchange involving Justice Gorsuch and tell me there is any chance he’s going to vote in support of Trump’s tariffs.

Justice Gorsuch: “What’s the reason to accept the notion that Congress can hand off the power to declare war to the president?”

U.S. Solicitor General Sauer: “Well, we don’t contend that.”

Gorsuch: “You do, you say it’s unreviewable…you’ve backed off that position?”

Sauer:… pic.twitter.com/tuPdf7295s

— CSPAN (@cspan) November 5, 2025

One more Gorsuch clip. If Trump can do this now, couldn’t some future president declare an climate emergency and start putting tariffs on gas cars?

Gorsuch: Could the president impose a 50% tariff on gas powered cars and auto parts to deal with the unusual and extraordinary threat from abroad of climate change?

Sauer: This admin would say it’s a hoax

Gorsuch: I’m sure you would pic.twitter.com/BfCvFpBfYQ

— Acyn (@Acyn) November 5, 2025

It sounds like Trump only has 2 or 3 justices firmly in his camp.

Justices Brett M. Kavanaugh and Samuel A. Alito Jr. had the toughest questions for the challengers, suggesting some openness to the administration’s interpretation of its emergency powers. Justice Kavanaugh expressed concern about taking tariffs away from the president’s “suite of tools” to deal with economic emergencies.

Why, he asked, would Congress give the president the authority to shut down trade — which the challengers said the law allows — but not to take the less sweeping step of imposing even a modest 1 percent tariff? That, Justice Kavanaugh said, appeared to underscore the government’s claim, creating an “odd doughnut hole in the statute.”

The decision probably won’t be released until next May or June but based on the arguments today it seems likely Trump is going to lose this one.

Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.

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