The Brian Lehrer Show The Supreme Court Hears Arguments on Tariffs
Nov 6, 2025
Legal expert Aziz Huq, a professor at the University of Chicago Law School and author, dives into the Supreme Court's recent arguments on President Trump's tariffs. He clarifies the scope of the International Emergency Economic Powers Act and discusses whether tariffs can be considered regulation. Huq also explores Congress's role in delegating tariff authority and the implications for presidential power. Additionally, he examines who truly bears the cost of these tariffs and the potential consequences of the Court's decision on emergency powers and democracy.
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Scope Of The 1977 Emergency Law
- The International Emergency Economic Powers Act lets a president regulate imports if there's an "unusual and extraordinary" threat.
- The key legal dispute is whether "regulate the importation" includes imposing tariffs on imports.
Delegation Versus Taxing Power
- Courts must decide whether Congress implicitly delegated tariff or tax power when it used the generic term "regulate."
- The Constitution's tax sensitivity suggests courts should hesitate to read "regulate" to permit novel presidential taxation.
Gorsuch Questions Inherent Authority Claim
- Justice Gorsuch challenged the claim of inherent presidential foreign-affairs authority to impose tariffs.
- The exchange weakened both the inherent-authority and anti-delegation defenses the administration advanced.
