Trump’s Tariffs Lose 6–3 |
Donald Trump’s assertion of presidential power to set tariffs was rejected this morning by a 6–3 Supreme Court. Frankly, Trump was lucky to get three votes for his position. Trump will need to go back to the drawing board to find a different legal basis for presidential tariff power; some such powers have been granted by Congress, but none as extensive and unconstrained as the emergency presidential powers Trump claimed to locate in the International Emergency Economic Powers Act of 1977 (IEEPA).
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Chief Justice John Roberts wrote the majority opinion, which leaned mainly on two points: that IEEPA’s language “cannot bear such weight” as the administration claimed, and that the taxing power in particular (of which tariffs are a subset) must be delegated by Congress in clearer terms than the vaguely,........