The Lawfare Podcast Lawfare Daily: Supreme Court Oral Arguments on President Trump’s Tariffs
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Nov 7, 2025 
In this discussion, Peter Harrell, a trade policy expert, analyzes the implications of President Trump's tariffs while Georgetown Law professors Marty Lederman and Kathleen Claussen provide insights on the Supreme Court's oral arguments. They explore the skepticism from conservative justices about the IEPA's authority, debate the regulatory versus revenue nature of tariffs, and unpack potential limits on executive power. The conversation also touches on the major questions doctrine and the practicalities following a court loss, all while pondering the likelihood of a narrow ruling.
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Textual Debate Centers The Case
- Justices focused intensely on statutory text and context to decide if IEPA's "regulate importation" includes tariff power.
- Algonquin (Section 232) comparisons shaped much of the textual debate about implied tariff authority.
Conservative Skepticism Cuts Against Government
- Several conservative justices expressed skepticism that IEPA authorizes sweeping reciprocal tariffs.
- That skepticism suggests the government faces an uphill fight to uphold the broad Trump tariffs.
Court May Carve Narrower Ruling
- Justices worry about consequences of a broad holding that IEPA never authorizes tariffs given other emergency presidential powers.
- They may craft a narrower ruling distinguishing reciprocal tariffs from targeted emergency tariffs like fentanyl measures.