US Supreme Court skeptical of Donald Trump’s sweeping tariff powers

A majority of Supreme Court justices seemed skeptical on Wednesday about US President Donald Trumps ability to unilaterally impose farreaching tariffs putting at risk a cornerstone of his agenda in the biggest legal test yet of his unprecedented presidency Three conservative justices raised questions about whether an emergency law gives Trump nearlimitless power to set and change duties on imports with potentially trilliondollar implications for the global economyThe courts three liberal justices also appeared dubious so at least two conservative votes could limit Trumps tariff power though likely not end it altogether The case is the first major piece of Trumps agenda to come squarely before the nations highest court which he helped shape by naming three of the nine justices in his first termThe conservative majority has so far been reluctant to check his extraordinary flex of executive power in shortterm orders in cases ranging from presidential firings to funding cuts That could change with a more detailed ruling in the tariff case though it will likely take weeks or months to come down The Constitution says Congress has the power to levy tariffs But in a first the Trump administration argues that an emergency law allowing the president to regulate importation also includes tariffsJustice Neil Gorsuch though appeared concerned that could shift too much power to the president on an issue that helped spark the American Revolution Is the constitutional assignment of the taxing power to Congress the power to reach into the pockets of the American people just different he asked That had to be done locally through our elected representativesJustice Amy Coney Barrett and Chief Justice John Roberts also raised questions about whether the emergencypower law allowed for tariffs on any product from any country in any amount for any length of time as Roberts put it The basis for the claim seems to be a misfit he said Trump has called the case one of the most important in the countrys history and said a ruling against him would be catastrophic for the economyThe challengers argue the 1977 emergency powers law Trump used doesnt even mention tariffs and no president before has used it to impose them A collection of small businesses say the uncertainty is driving them to the brink of bankruptcy The case centres on two sets of tariffs The first came in February on imports from Canada China and Mexico after Trump declared a national emergency over drug trafficking The second involves the sweeping reciprocal tariffs on most countries that Trump announced in AprilMultiple lawsuits have been filed over the tariffs including a case from a dozen largely Democraticleaning states and another from small businesses focused on everything from plumbing supplies to womens cycling apparel Lower courts have agreed that the tariffs were an illegal use of emergency power The Supreme Court has been skeptical of executive power claims before such as when thenPresident Joe Biden tried to forgive USD 400 billion in student loans under a different law dealing with national emergenciesThe Supreme Court found the law didnt clearly give him the power to enact a program with such a big economic impact a legal principle known as the major questions doctrine The challengers say Trumps tariffs should get the same treatment since theyll have a much greater economic effect raising some 3 trillion over the next decade The government on the other hand says the tariffs are different because theyre a major part of his approach to foreign affairs an area where the courts should not be secondguessing the presidentJustices like Brett Kavanaugh seemed receptive to that argument and Roberts also seemed hesitant to restrict the presidents foreign affairs power The challengers also tried to channel the conservative justices skepticism about whether the Constitution allows other parts of the government to use powers reserved for Congress a concept known as the nondelegation doctrine Trumps interpretation of the law could mean anyone who can regulate can also impose taxes they say The Justice Department counters that legal principle is for governmental agencies not for the presidentIf he eventually loses at the high court Trump could impose tariffs under other laws but those have more limitations on the speed and severity with which he could act The aftermath of a ruling against him also could be complicated if the government must issue refunds So far the Treasury has collected almost USD 90 billion from the import taxes the president has imposed under the emergency powers lawThe Trump administration did win over four appeals court judges who found the 1977 International Emergency Economic Powers Act or IEEPA that gives the president authority to regulate importation during emergencies without explicit limitations In recent decades Congress has ceded some tariff authority to the president and Trump has made the most of the power vacuumThis story has been 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