President Trump's tariffs v. the Supreme Court's duties

https://www.scotusblog.com/2025/11/president-trumps-tariffs-v-the-supreme-courts-duties/
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President Trump's tariffs v. the Supreme Court's duties

The article by Adam White analyzes the legal question of whether the president's statutory power to "regulate" imports includes the authority to "tax" them, specifically in the context of President Trump's tariffs under the International Emergency Economic Powers Act (IEEPA). It delves into arguments regarding presidential deference, Congress' "power of the purse," and the application of the "major questions doctrine" to presidential actions. The piece explores the novelty and economic impact of Trump's broad use of tariffs and considers the potential implications of a Supreme Court ruling against the administration for future tariffs and the issue of refunds for past payments.

Note

the checks and balances of our government are often celebrated. yet we see those celebrations seem to mostly have rested on a bed rock of handshakes and social constructs.

now with a gridlocked congress and an overzealous executive, we are seeing the courts not necessarily proving the checks and balances but maybe at minimum slowing it down long enough to cause problems for those breaking all customs in an unprecedented power grab.

voting, marching and resistance may be the last line of defense.

Published

2025

Summary

The article by Adam White analyzes the legal question of whether the president's statutory power to "regulate" imports includes the authority to "tax" them, specifically in the context of President Trump's tariffs under the International Emergency Economic Powers Act (IEEPA). It delves into arguments regarding presidential deference, Congress' "power of the purse," and the application of the "major questions doctrine" to presidential actions. The piece explores the novelty and economic impact of Trump's broad use of tariffs and considers the potential implications of a Supreme Court ruling against the administration for future tariffs and the issue of refunds for past payments.

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