US Supreme Court justices appear sceptical of Trump’s tariffs argument

The United States Supreme Court justices on Wednesday expressed scepticism about President Donald Trump’s authority to impose sweeping tariffs on imports under a law designed for use during a national emergency. The Supreme Court has a 6-3 conservative majority that has consistently backed Trump in contentious legal issues since he took office in January, but during the almost three-hour oral argument, both conservative and liberal justices asked Solicitor General D. John Sauer some tough questions. Treasury Secretary Scott Bessent, Commerce Secretary Howard Lutnick, and Trade Representative Jamieson Greer showed up for the hearing and sat together in the middle rows of the courtroom. The three have been largely responsible for negotiating trade deals with other nations.

The consequences of the case are immense for Trump and the US economy at large, as Americans are getting anxious amid fears that the tariffs are contributing to higher costs and not alleviating them.

A fresh NBC News poll found that 63% of registered voters believe Trump is failing to live up to expectations on the economy. Other polls show that the majority of Americans oppose the tariffs.

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The central question is whether the 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 decide and impose tariffs is assigned to Congress.

IEEPA does not specifically mention tariffs but says the president can regulate imports and exports when he deems there to be an emergency.

No president had ever used the law to tariff imports until Trump did it in his second term. Lower courts ruled against the Trump administration.

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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 also.

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

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.”

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The high-stakes case puts the spotlight on a court that was sceptical 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” according to which 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.

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Several justices asked questions suggesting the case could be decided along similar lines. “It seems it might be directly applicable,” Roberts said.

Justice Neil Gorsuch, another conservative, asked whether it was unconstitutional for Congress to give the president sweeping powers over tariffs, as the government suggested.

If the court were to rule for Trump, would there be any limit to Congress “just abdicating all responsibility to regulate foreign commerce, or for that matter, declare war?” he asked Sauer.