Brian Lehrer: A Daily Politics Podcast Will SCOTUS Avoid The Big Question In The Trump Tariffs Case?
Nov 6, 2025
Aziz Huq, a law professor at the University of Chicago and author of The Rule of Law: A Very Short Introduction, delves into the Supreme Court's recent oral arguments on Trump's tariffs. He breaks down the International Emergency Economic Powers Act and its implications for presidential authority. Aziz highlights crucial questions about Congress's delegation of tariff power and the potential risks of unchecked emergency declarations. He also discusses the possible ramifications of a split ruling and its significance for democracy.
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Scope Of The 1977 Emergency Law
- The International Emergency Economic Powers Act lets the president regulate imports if he declares an unusual and extraordinary threat.
- The court focused on whether "regulate the importation" includes imposing tariffs under that statute.
Tax Power Requires Clear Delegation
- Courts may be reluctant to read a generic "regulate" grant as authorizing taxation without explicit congressional language.
- That reluctance stems from constitutional sensitivity about who can impose taxes and spend public money.
Gorsuch Challenges Inherent Foreign Power Claim
- Justice Gorsuch probed the administration's claim of inherent presidential foreign-affairs authority to impose tariffs.
- His questioning suggested limits to claims that foreign affairs permit blanket nonreviewable delegations.
