Amicus With Dahlia Lithwick | Law, justice, and the courts When Tariffs Crashed Into SCOTUS
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Nov 8, 2025 
In this discussion, Marc Busch, a Professor of International Business Diplomacy at Georgetown, dives deep into the contentious issue of Trump's 'Liberation Day' tariffs. He explores the historical roots of the International Emergency Economic Powers Act (IEEPA) and critiques the Department of Justice’s arguments distinguishing tariffs from taxes. The conversation unfolds to reveal judicial skepticism, the implications of executive power expansion, and broader economic concerns about trade deficits. Busch warns of potential abuses under IEEPA and delves into the court's dynamics, questioning if election results influenced judicial attitudes.
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IEEPA Versus 1974 Trade Statutes
- IEEPA sits amid a crowded statutory landscape shaped by Nixon-era tariffs and the 1974 Trade Act, especially Section 122.
- The Court must decide whether IEEPA enshrines broad tariff power or whether narrower trade statutes control that authority.
Tariffs Are Taxes In Disguise
- The Solicitor General's distinction between "foreign-facing" regulatory tariffs and taxes drew heavy skepticism from the justices.
- Justices probed whether tariffs are effectively taxes borne by American consumers and businesses.
Trade Deficit Is Not An Emergency
- Economists argued a goods trade deficit is not an emergency but a normal result of capital inflows in a wealthy services economy.
- The government’s narrow focus on goods (excluding services) mischaracterizes the economic reality.