Hub Podcasts Could an American Supreme Court ruling save Canadian trade?
Nov 5, 2025
Geoffrey Sigalet, director of the UBC Research Group for Constitutional Law and a political science professor, dives into the Supreme Court's hearing on President Trump's controversial tariffs. He discusses the legal implications of the International Emergency Economic Powers Act and examines the emergency claims regarding fentanyl and national security. Sigalet sheds light on the challenges to statutory authority, and the potential political and financial fallout if Trump loses, making for a riveting analysis of this pivotal case.
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IEEPA Used As Broad Tariff Tool
- The Trump administration invoked the 1977 International Emergency Economic Powers Act to impose broad tariffs claimed as national security responses.
- Geoffrey Sigalet explains the administration tied tariffs to threats like fentanyl flows and trade imbalances to justify emergency action.
Statutory Text Is Central To Challenge
- Challengers argue IEEPA doesn't explicitly authorize tariffs or duties, raising statutory and major-questions challenges.
- Sigalet says courts will weigh textual gaps against constitutional allocation of tariff powers to Congress.
Non-Delegation Could Be The Big Swing
- Challengers may press the non-delegation doctrine, arguing Congress cannot hand over unchecked power to the president.
- Sigalet calls non-delegation the biggest constitutional 'swing for the fences' argument against the tariffs.