Masters in Business Special Edition: Neal Katyal on Challenging Trump's Global Tariffs
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Sep 3, 2025 Neal Katyal, a partner at Milbank LLP and former acting Solicitor General, shares insights into his recent legal victory against President Trump's global tariffs. He discusses the pivotal court ruling that requires congressional approval for such tariffs, emphasizing its constitutional significance. Katyal reflects on the tension between executive power and legislative authority, and how historical precedents shape today's legal landscape. Additionally, he recounts his journey from an aspiring professor to a prominent attorney, highlighting key cases that impact American democracy.
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President Cannot Unilaterally Impose Tariffs
- The appellate majority held that tariffs cannot be imposed by the president alone and require Congressional authorization.
- Neal Katyal argued the Constitution assigns tariff power to Congress, not the president's unilateral action.
Remedies Were Remanded For Scope Determination
- The Federal Circuit remanded to the lower court to determine the proper scope of remedies after finding the tariffs unlawful.
- Katyal expects the government likely to seek Supreme Court review rather than pursue Congressional authorization.
Major Questions Doctrine Applies Here
- The major questions doctrine requires Congress to speak clearly when granting vast powers to the executive.
- Katyal called the tariff claim a "galaxy in a keyhole" and said IEPA lacks explicit tariff language.