NEW YORK, Nov. 6– The U.S. Supreme Court held a hearing on Wednesday over the administration’s global tariff policy under the International Emergency Economic Powers Act (IEEPA), with both conservative and liberal justices expressing skepticism about its legal basis.
During the nearly three hours of oral arguments, Solicitor General John Sauer, representing U.S. President Donald Trump, told the court that the tariffs were imposed to deal with two emergencies: a persistent trade imbalance and the flood of fentanyl into the country.
But the justices were doubtful about Trump’s claim that he has the power to impose tariffs under the IEEPA. While acknowledging tariffs involve foreign affairs, Chief Justice John Roberts noted that the statute, as interpreted by Trump, imposes taxes on Americans, and taxes have always been “the core power of Congress.”
Liberal Justice Sonia Sotomayor questioned Sauer, “You say tariffs are not taxes, but that’s exactly what they are. They’re generating money from American citizens, revenue.”
Conservative Justice Neil Gorsuch pointed out that Trump has unilaterally imposed the tariffs by citing purported international emergencies of trade imbalances and the flow of fentanyl into the United States, without Congress authorizing them.
Other conservative justices, including Amy Coney Barrett, Brett Kavanaugh and Samuel Alito, also pressed Sauer, saying that Trump’s citation of a nearly 50-year-old law to defend his tariffs is an overreach of the executive power.
Neal Katyal, representing the plaintiffs, argued that “tariffs are taxes,” and that “our founders gave that taxing power to Congress alone.”
It remains unclear when the Supreme Court will release its ruling, but the Trump administration has requested an expedited ruling.
U.S. National Public Radio claimed that “Trump’s claim of unilateral power to impose tariffs hit a wall of skepticism at the Supreme Court,” while Politico called the Supreme Court showdown “an epic clash between two of the most deeply ingrained tenets of the conservative legal movement.”
In response to lawsuits filed by five small businesses and 12 states on April 14 and April 23, the U.S. Court of International Trade in New York ruled on May 28 that the Trump administration’s tariffs were illegal and ordered their revocation implemented under the IEEPA.
A U.S. appeals court on Aug. 29 upheld the ruling of the lower court’s decision in a 7-4 vote. (Xinhua)
