WSJ Opinion: Potomac Watch Donald Trump’s Tariff Power Faces a Skeptical Supreme Court
Nov 6, 2025
The discussion centers on the Supreme Court's scrutiny of Donald Trump's ability to impose tariffs without Congress's approval. Justices express skepticism about the validity of invoking emergency powers for longstanding issues. The hosts explore historical precedents and constitutional distinctions regarding taxation and tariff powers. They debate the implications of a potential 7-2 ruling against the tariffs and how it might restore trade-policy certainty, influencing markets and economic strategies.
AI Snips
Chapters
Transcript
Episode notes
Emergency Claim Versus Statutory Text
- The administration invoked the International Emergency Economic Powers Act to justify sweeping tariffs by declaring an "emergency."
- The podcast highlights that long-standing trade deficits and ongoing fentanyl trafficking hardly match the statute's requirement of an "unusual" threat.
Tariffs Risk Bypassing Congressional Tax Power
- Justices worried that allowing presidents to impose tariffs risks bypassing Congress's exclusive taxing power.
- The podcast links this concern to the framers' intent that taxation be a congressional function, making unilateral presidential tariffs constitutionally suspect.
Historical Use Of IEPA Doesn't Include Tariffs
- Justices noted IEPA has been used many times but never to justify broad tariffs as the administration seeks.
- Historical precedent and Congress's later creation of a specific tariff authority in 1974 suggest lawmakers did not intend IEPA to confer sweeping tariff powers.