BY Benjamin ClarkNovember 6, 2025
4 weeks ago
BY 
 | November 6, 2025
4 weeks ago

Supreme Court justices challenge Trump's tariff authority

On Wednesday, the U.S. Supreme Court just threw a curveball at President Donald Trump’s bold tariff strategy.

According to the New York Post, the highest court in the land tackled a heated case over Trump’s use of the International Emergency Economic Powers Act (IEEPA) to slap hefty tariffs on imports, with justices across the political spectrum voicing serious doubts about the scope of executive power.

This showdown began when Trump, on a day dubbed “Liberation Day,” rolled out sweeping IEEPA-based tariffs, including a 10% baseline rate on imports and an extra 10% specifically targeting China for its role in fentanyl shipments to the U.S.

Justices Question Presidential Power Grab

During the session, most of the nine justices—whether appointed by Republicans or Democrats—grilled the administration with pointed questions, clearly uneasy about handing the president such unchecked authority over commerce.

The IEEPA, enacted back in 1977, gives the president emergency powers to regulate international trade, but here’s the kicker: it doesn’t explicitly mention tariffs, and no other president has ever used it to impose duties like Trump has.

With roughly $90 billion already collected from these tariffs as of September 30, per U.S. Customs and Border Patrol data, the stakes couldn’t be higher for American businesses and consumers caught in the crossfire.

Tariff Debate Sparks Courtroom Fireworks

Treasury Secretary Scott Bessent was in the courtroom, a sign of just how critical this case is to the administration, while outside, protesters on both sides clashed, some even donning “Handmaid’s Tale” costumes with signs like “TARIFFED!” and “No Fascist America.”

Inside, conservative Justice Neil Gorsuch didn’t mince words, warning, “Congress, as a practical matter, can’t get this power back once it’s handed it over to the president.”

That’s a sobering thought—once the executive branch grabs this kind of control, it’s a slippery slope away from the checks and balances our founders intended, and toward a system where one person calls all the shots.

Legal Arguments Clash Over IEEPA Scope

Solicitor General John Sauer pushed back hard, arguing, “The phrase ‘regulate importation’ [in the law] plainly embraces tariffs, which are among the most traditional indirect methods of regulating importation.”

But let’s be real—stretching “regulate” to mean “tax” feels like a linguistic acrobatics routine, especially when Congress has historically kept a tight grip on the power to impose duties on American citizens.

Adding fuel to the skepticism, two lower federal courts have already ruled that Trump overstepped his authority under IEEPA with these specific “trafficking” and “reciprocal” levies, setting the stage for this Supreme Court battle.

What’s Next for Trump’s Tariff Plan?

If the administration loses, senior White House trade adviser Peter Navarro has hinted at a backup plan, potentially using Section 301 of the Trade Act of 1974 to temporarily reimpose some of these fees—a law that allows duties when foreign policies unfairly burden U.S. commerce.

With a decision not expected until the end of June, there’s plenty of time for anxiety to build among those who see these tariffs as either a necessary stand against foreign exploitation or an overreach that punishes American consumers.

Ultimately, this case isn’t just about tariffs—it’s about whether we’re comfortable letting any president wield emergency powers as a blank check, a question that should make every freedom-loving American pause and think twice.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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