The Journal. Will Trump’s Tariffs Survive the Supreme Court?
179 snips
Nov 6, 2025 
James Romoser, a Wall Street Journal Supreme Court reporter, dives into the legal battle over Trump's tariffs. He explains the International Emergency Economic Powers Act and the challenges to its application for tariffs. Romoser highlights skepticism from several justices about the declared emergencies and discusses the implications of the major questions doctrine. With debates on presidential power dynamics and what a ruling could mean for future administrations, the conversation showcases the intersection of law and economics in a pivotal Supreme Court case.
AI Snips
Chapters
Transcript
Episode notes
AIPA Was The Legal Basis Claimed
- The Trump administration invoked the 1977 International Emergency Economic Powers Act to impose broad tariffs worldwide.
- AIPA authorizes regulating importation but never uses the word "tariff," creating a core legal dispute.
Challengers Say Tariffs Are A Congressional Power
- Challengers argued tariffs are effectively taxes reserved for Congress under the Constitution.
- Lower courts agreed and struck down the administration's tariff authority under AIPA.
Administration Warned Of A Statutory 'Donut Hole'
- Solicitor General John Sauer argued "regulate importation" plainly covers tariffs and embargoes.
- He warned against a statutory "donut hole" where embargoes are allowed but tariffs are not.