ChinaTalk EMERGENCY POD: Tariffs on Trial
10 snips
Nov 6, 2025 
Peter Harrell, a former U.S. trade official, and Oren Cass, founder of American Compass, dive into the Supreme Court's examination of tariffs under the IEPA. They explore the complexities of U.S.-China trade relations, discussing the challenges of reciprocity and the implications of decoupling. The duo reflects on the strategic importance of the USMCA and ways it could reshape North American trade. They also assess the Biden and Trump administrations' differing approaches to economic strategy and national security concerning China.
AI Snips
Chapters
Transcript
Episode notes
Court Will Set Markers, Not Final Answers
- The Supreme Court will likely issue a decision that sets long-term markers while remanding specifics to lower courts.
- That means policy uncertainty persists and administrations must choose fallback authorities or legislate new rules.
Justices Skeptical Of Broad IEPA Authority
- Several justices expressed skepticism that IEPA authorizes the full sweep of Trump's tariffs, especially universal reciprocal tariffs.
- Even if struck down, the administration has other legal tools to recreate much of the measures.
Build Tariffs On Robust Statutory Findings
- Use other statutes (Section 301, Section 232) but expect process and substantive constraints.
- Do the legal homework: factual findings and tailored statutory bases to withstand litigation.