Solicitor General John Sauer faced tough questions during first half of oral arguments
The Supreme Court seemed inclined Wednesday to limit President Donald Trump’s tariffs.
While both sides faced skepticism from the justices, Solicitor General John Sauer faced especially tough questions during the first half of oral arguments as he laid out why Trump was legally allowed to impose tariffs using emergency powers.
“It’s a congressional power, not a presidential power, to tax,” Justice Sonia Sotomayor told Sauer. “And you want to say tariffs are not taxes, but that’s exactly what they are. They’re generating money from American citizens.”
Trump cited two emergencies to impose his tariffs: the fentanyl crisis for a first set on Canada, China and Mexico in February and a growing trade deficit for a second set of “Liberation Day” tariffs in April, which imposed a baseline 10% tariff on imports, with increasing rates depending on the country.
A “common sense” reading of Congress’ language granting the president power to “regulate importation” under the International Emergency Economic Powers Act (IEEPA) should include tariffs, even if the word is not explicitly used, Sauer argued.
“Congress uses tariffs in other provisions, but not here,” Chief Justice John Roberts noted.
