Supreme Court Scrutinizes Trump’s Tariffs

Representative Jamie Raskin (D-Md.) suggested that several conservative justices on the Supreme Court may be ready to act against President Trump as they examine the legality of his extensive tariffs.

During the oral arguments on Wednesday, Chief Justice John Roberts, alongside Trump-appointed Justices Amy Coney Barrett and Neil Gorsuch, expressed doubts about the administration’s approach.

“Today’s discussions indicate that some conservative justices might actually be inclined to rein in Trump’s excessive interpretations of his powers under Article II of the Constitution,” Raskin mentioned, as reported by CNN’s Dana Bash while discussing presidential authority on “Inside Politics.”

An ongoing lawsuit, initiated in April by Democratic officials from twelve states and a handful of small businesses, claims Trump has exceeded his authority as defined by the International Emergency Economic Powers Act (IEEPA). This 1977 legislation allows the president to manage economic transactions during a national emergency, though it had never before been utilized for imposing tariffs on foreign goods until this year.

Raskin, who also teaches constitutional law, highlighted that Article I, Section 8 of the Constitution assigns the authority to regulate commerce to Congress, not the president. In justifying his use of the IEEPA, the president framed trade deficits and the surge of immigrants and fentanyl from Mexico, Canada, and China as national emergencies.

In the court proceedings, Roberts noted that the administration’s reasoning could imply “the power to impose tariffs on any product, from any country, in any quantity, for any duration,” referring to this as a “primary authority.”

Barrett and Gorsuch posed incisive questions regarding the legitimacy of the administration’s claims.

“Can you identify other instances where the phrase ‘regulate imports’ has been used historically to grant authority for imposing duties?” Barrett inquired.

Meanwhile, Gorsuch pointed out that if the court supports the administration’s assertion of “inherent authority” in foreign affairs, Congress could, in effect, relinquish its responsibilities to oversee foreign commerce or declare war.