Why It Will Be Hard for Five Justices to Bless Trump’s Tariffs

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Guest Essay

By Jack Goldsmith and John Guida

Mr. Goldsmith, a former assistant attorney general under George W. Bush, is an author, with Bob Bauer, of a newsletter about presidential and executive power. Mr. Guida is an editor for Times Opinion.

On Wednesday the Supreme Court heard oral arguments about the legality of President Trump’s tariffs. Earlier this week, the president