Thu, 06 Nov 2025

Thu, 06 Nov 2025 Conservative justices sharply question Trump tariffs in high-stakes hearing

If the court rules against Trump's tariffs, it could force the US to refund some of the billions it has collected.
The Supreme Court heard arguments on Wednesday regarding President Donald Trump's use of sweeping tariffs, with a majority of justices expressing doubts about the White House's justification for imposing the import duties. A case brought by small businesses and states against the administration challenges the president's authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA), which grants the president power to regulate trade in response to an emergency. The justices, including several conservatives, questioned the administration's argument that the power to regulate includes the power to impose tariffs. They expressed concerns about the implications of a ruling in favor of the administration, including the potential for unlimited tariff authority and the impact on existing trade deals and rules. Solicitor General John Sauer argued that if Trump's tariff powers were ruled illegal, it would expose the US to "ruthless trade retaliation" and lead to "ruinous economic and national security consequences." However, the justices' questions suggested they were wrestling with the implications of what a ruling in favor of the administration might mean for the future. Chief Justice John Roberts noted that the justification being used by the administration could be applied to impose tariffs on any product from any country in any amount, for any length of time. Judge Neil Gorsuch asked if Congress could abdicate all responsibility to regulate foreign commerce and wondered what would prevent the president from imposing a 50% tariff on gas-powered cars and autoparts. The justices focused primarily on the text of IEEPA and its history, rather than questions about refunds or whether the president's emergency declarations were warranted. They appeared to be divided on the distinction between tariffs and taxes, with some justices expressing doubts about putting limits on the president's power in a national security and foreign policy context. The case has significant implications for an estimated $90bn worth of import taxes already paid, as well as potential future revenue from tariffs. If the Supreme Court rules in favor of the administration, it would overturn the findings of three lower courts that have already ruled against the Trump administration.
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