WSJ Opinion: Potomac Watch The Supreme Court Tests Donald Trump’s Presidential Powers
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Oct 6, 2025 
In this discussion, Ilya Shapiro, a constitutional scholar and Senior Fellow at the Manhattan Institute, dives into the complexities of the Supreme Court's upcoming term. He explores Donald Trump's presidential powers regarding independent agency firings and global tariffs. Ilya also debates the implications of various landmark cases, including those on transgender rights in sports and potential shifts in campaign finance laws. The hosts question whether the Court is genuinely aligned with Trump's interests, revealing a nuanced legal landscape.
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Court's Focus Extends Past One Presidency
- The new term focuses heavily on presidential power and its limits beyond any single presidency.
- Major statutory and constitutional doctrines like the major-questions doctrine will likely control outcomes.
Tariff Case Tests Broad Emergency Power
- The tariff case tests whether the International Emergency Economic Powers Act permits sweeping global tariffs.
- Lower courts worried the statute is too broad and the court may apply the major-questions doctrine to limit presidential action.
Questioning The 'Emergency' Justification
- Shapiro doubts the president's stated emergencies like trade deficits or fentanyl justify broad tariff powers.
- He argues historical, persistent problems don't automatically create statutory emergencies for sweeping action.
