Supreme Court justices appear skeptical of Trump’s tariff arguments : NPR

The Supreme Court heard arguments Wednesday on the legality of the Trump administration’s tariff policies.

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Andrew Harnik/Getty Images

Supreme Court justices were skeptical Wednesday of the government’s argument that President Trump could bypass Congress to impose tariffs on other countries by citing national security as a legal justification.

The Court’s six conservatives and three liberals sharply questioned John Sauer, the solicitor general, about Trump’s use of the International Emergency Economic Powers Act, known as IEEPA.

Lower courts ruled that Trump exceeded his authority under the law and the Constitution.

But the president says both allow him to impose tariffs to address persistent trade imbalances and stem the flow of fentanyl entering the United States. Both, he asserts, present national emergencies and pose a threat to national security.

Sauer told the justices Wednesday that the tariffs put in place by Trump are “regulatory tariffs…not revenue-generating tariffs.”

“The fact that they generate revenue is only incidental,” he said.

Neil Katyal, the lawyer for those opposing the government, began his argument by noting simply: “Tariffs are taxes.”

Trump has repeatedly cited the amount of revenue the tariffs have brought to the federal government. They brought in $195 billion this fiscal year, according to the Committee for a Responsible Federal Budget, a budget watchdog group.

Trump, who has championed tariffs for decades, has made them the centerpiece of his re-election campaign. Almost immediately after taking office, he imposed a series of tariffs on various countries, including the United States’ closest trading allies.

But the tariffs have frightened U.S. businesses, prompting a legal challenge claiming the president exceeded his authority in imposing the tariffs.

A decision in the case is expected next year.