Trump Administration Assertions in Supreme Court Tariff Hearing Lack Limiting Principle

Today, the Supreme Court heard oral arguments on the legality of President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to justify the broad imposition of tariffs on an emergency basis. 

CEI Vice President for Strategy Iain Murray said:

“One of the questions before the court is whether or not Congress has delegated wide-ranging economic powers to the President in the event of anything he or she declares a national emergency.

“If President Trump can impose tariffs on countries with whom we have a trade surplus on the grounds that trade deficits are a national emergency, it is hard to see where the boundary lies.

“The Solicitor General admitted today that a future Democrat President could declare a national climate emergency and then impose tariffs based on that.

“That could mean tariffs on, for example, gas-powered cars or other goods that emit greenhouse gases, including on imports vital to American domestic production.

“The hearing also established that such an interpretation would mean Congress would have to have a veto-proof majority to stop these new taxes. Effectively, Congress would have delegated away one of its core powers.

“Over the past few years the Court has said Presidents cannot assert power over Major Questions Congress has not ruled on. A climate emergency is one of those, and so, since 2021, is what powers the President has to engage in trade negotiations.

“Unless the Court significantly narrows this expansive reading of the IEEPA statute, then emergency powers and presidential action will take the place of reasoned debate and scrutiny in Congress. That’s something that would appall the Founders.”