Economist Podcasts Recall of duty? Trump’s tariffs in court
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Nov 6, 2025 
In this engaging discussion, Stephen Mazze, a Supreme Court correspondent, delves into the legal battles surrounding Trump’s tariffs and the implications of the International Emergency Economic Powers Act. Alice Fulwood highlights a troubling widening gender gap in US labor-force participation, scrutinizing factors that drive women out of the workforce, especially new mothers. Andrew Palmer uncovers the unsettling world of 'dark patterns' in online design, revealing how they manipulate consumer behavior and the growing push for regulatory changes.
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Court Questions Legal Basis For Tariffs
- The Supreme Court heard whether the International Emergency Economic Powers Act (IEEPA) authorises Trump’s sweeping tariffs.
- Justices from both liberal and conservative wings expressed skepticism, invoking the major-questions doctrine.
Novel Use Of IEEPA To Impose Tariffs
- IEEPA permits presidents to regulate imports among many emergency powers, but has never been used to impose tariffs.
- The administration argued tariffs are a form of regulating importation, a novel statutory use.
Major-Questions Doctrine Looms Large
- The major-questions doctrine blocks broad agency actions when statutes lack explicit authorization for major economic or political decisions.
- The Court has applied it to several high-profile cases and may do so here.