WSJ Opinion: Potomac Watch Donald Trump’s 'Emergency' Tariffs Reach the Supreme Court
8 snips
Nov 4, 2025 Alicia Finley, a legal analyst at the Wall Street Journal, and Kim Strassel, a constitutional commentator, dive deep into the Supreme Court's impending decision on Trump's tariffs under the International Emergency Economic Powers Act. They discuss whether the law supports tariff imposition and the potential economic fallout if the tariffs are struck down. With historical context and legal precedents at play, they also explore alternative statutes Trump might use if this one fails, raising questions about executive power and its limits.
AI Snips
Chapters
Transcript
Episode notes
IEPA’s Text Versus Constitutional Limits
- IEPA grants broad emergency powers but does not explicitly mention tariffs or taxes.
- That raises a constitutional conflict because taxing and trade powers belong to Congress.
‘Regulate’ Could Swallow Taxing Power
- The administration argues 'regulate importation' clearly covers monetary exactions like tariffs.
- Challengers warn that treating 'regulate' as taxation would let agencies impose broad taxes across statutes.
History And Major-Questions Matter
- No prior president used IEEPA to impose tariffs, and the Court treats historical practice as instructive.
- The major-questions doctrine also pushes for clear Congressional authorization on big policy moves.