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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.
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Trump sees the US in danger if the Supreme Court decides against him. The lawsuit challenges his customs powers.

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Lean Left

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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大纪元 Epoch Times broke the news in on Sunday, November 2, 2025.
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