A Major Question for the Supreme Court: Will It Treat Trump as It Did Biden?
The Supreme Court will consider whether Trump’s emergency tariffs violate the major questions doctrine amid disputes over presidential power and national security claims.
- On Wednesday, the U.S. Supreme Court will hear arguments on President Donald Trump's emergency tariffs under the International Emergency Economic Powers Act, which does not mention tariffs or duties.
- Until this year, no president had used the International Emergency Economic Powers Act to impose tariffs since its 1977 enactment, and the major questions doctrine demands clear congressional authorization for major policies.
- The Federal Circuit applied major-questions precedents to uphold the appellate decision while businesses and states challenging the tariffs cite three Trump-appointed conservative justices, and Judge Richard Taranto dissented defending broad presidential power.
- A seven-judge majority warned the tariffs' economic impact exceeds the two pandemic-era programs, while the Trump administration contends the major-questions doctrine does not apply, citing Justice Brett Kavanaugh.
- A central question is whether the conservative Supreme Court majority will apply the same standards to President Trump as it did to President Joe Biden, affecting presidential authority in foreign affairs and security, Justice Brett Kavanaugh said, 'Congress generally intends to give presidents substantial authority.
72 Articles
72 Articles
Trump 'allocating himself a power that he does not have' on tariffs, expert says
The U.S. Supreme Court holds oral arguments on Wednesday over the legality of President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act. Speaking on FRANCE 24, Frederick T. Davis, Former Federal Prosecutor and Lecturer in Law at Columbia University, says that Trump 'is allocating himself a power that he does not have' and that the Supreme Court 'should say so'.
Trump’s Tariffs Head to the Supreme Court
In this episode of The Deduction, we unpack Trump’s tariffs as they head to the Supreme Court. We break down scenarios if the Court upholds or strikes the tariffs, who really pays, and how Congress might respond—your concise guide to tariffs and the Supreme Court.
'Bowing down to him': Supreme Court faces 'awkward' predicament in new Trump case
The New York Times reports that on Wednesday, the Supreme Court will "consider for the first time whether to say 'no'" to President Donald Trump "in a lasting way" as they weigh in on the president's "use of emergency powers to impose sweeping tariffs on nearly every U.S. trading partner."According to the Times, the case is a difficult one, made even worse by Trump's "efforts to personalize the dispute.""Observers of the court said the justices …
Trump sees the US in danger if the Supreme Court decides against him. The lawsuit challenges his customs powers.
A major question for the Supreme Court: Will it treat Trump as it did Biden?
A major question hangs over the Supreme Court’s closely watched case on President Donald Trump’s sweeping tariffs: Will the conservative majority hold the Republican president to the same exacting standards it used to limit his Democratic predecessor, Joe Biden?
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