What Next | Daily News and Analysis Trump’s Tariffs Have a Constitution Problem
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Nov 6, 2025 
Justin Wolfers, an economist and professor at the University of Michigan, dives into the Supreme Court's skepticism regarding Trump’s tariffs, questioning their constitutional basis. He challenges the administration's assertion that tariffs aren't taxes while discussing the fine line between regulatory measures and revenue generation. The conversation reveals how Congress has reacted and why the White House has avoided seeking approval. Ultimately, Wolfers suggests that tariffs may persist in fragmented forms, reflecting Trump's unpredictable governance style.
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Court Questions Presidential Tariff Power
- The central legal issue is whether the president can impose broad tariffs under the International Emergency Powers Act without Congress.
- The Supreme Court justices treated the claim that these tariffs are "regulatory, not revenue" with strong skepticism.
Emergency Justification Seems Weak
- The administration struggled to identify a concrete "emergency" to justify sweeping tariffs.
- Justin Wolfers called the rationale "absurd on its face" when the emergency cited was bilateral trade deficits.
Business Owner Lost Millions
- A CEO who imports education products estimated tariffs would cost his business $14 million this year.
- That real-world loss undercuts the government's claim that revenue is merely incidental.