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The Supreme Court is poised to deliver a landmark ruling on President Donald Trump's sweeping tariff policies, with legal scholars and political analysts divided over whether the executive branch has overstepped its constitutional authority. The case, which tests the limits of presidential power under the International Emergency Economic Powers Act (IEEPA), has drawn sharp scrutiny from both liberal and conservative legal experts, who warn that the outcome could redefine the balance of power between Congress and the White House, according to
.At the heart of the dispute is Trump's assertion that he can unilaterally impose tariffs on nearly all U.S. trading partners under IEEPA, a 1977 law designed to address national emergencies. The president has used the statute to justify tariffs on China, Mexico, and Canada, citing threats such as fentanyl smuggling and trade imbalances, and later expanded the policy to a global scale with "reciprocal" duties ranging from 10% to 50%, as
. However, lower courts—including a unanimous ruling from the Court of International Trade and a 7-4 decision from the U.S. Court of Appeals for the Federal Circuit—have invalidated these tariffs, arguing that IEEPA does not explicitly authorize such measures and that Congress retains constitutional authority over tariffs under Article I, as .
The legal battle has drawn attention to the so-called "major questions doctrine," a principle recently championed by the Court's conservative justices. This doctrine holds that Congress must provide clear authorization for policies with vast economic or political consequences, a point emphasized in the New York Magazine piece. In 2023, the Court invoked the principle to strike down President Biden's student-debt relief program, and in 2022, it curtailed the EPA's climate regulations. Legal analysts suggest that the same logic could apply to Trump's tariffs, potentially uniting liberal and conservative justices in limiting executive overreach; yet some conservatives may resist, given their past support for broad interpretations of emergency powers.
Trump has doubled down on his position, vowing to attend the November 5 oral arguments—a first for a sitting president—and calling the case "one of the most important in the history of our country," Barron's reported. His administration argues that invalidating the tariffs would leave the U.S. vulnerable to trade retaliation and undermine national security, as
. Treasury Secretary Scott Bessent recently defended the tariffs by highlighting their role in addressing China's rare earths export restrictions and the fentanyl crisis, though critics counter that such justifications stretch the definition of an "emergency," .Even if the Court rules against Trump, the administration has contingency plans. Officials have signaled they could reimpose tariffs under alternative statutes, such as the Trade Act of 1974, albeit with slower implementation and narrower scope, as
. This flexibility has led some experts to argue that a loss in the IEEPA case would not halt Trump's trade agenda but merely complicate it, as Fortune later noted.The political ramifications are equally significant. A defeat could spare the economy from the estimated $3 trillion in tariffs projected over the next decade, according to the Congressional Budget Office, while allowing Trump to frame the Court as a partisan obstacle to his policies, as argued in the New York Magazine piece. Conversely, a win would embolden future presidents to use emergency declarations as a tool for sweeping unilateral action, eroding congressional oversight, according to
.As the Court deliberates, the case has become a litmus test for the judiciary's commitment to constitutional boundaries. With justices like Chief Justice John Roberts and Amy Coney Barrett potentially pivotal, the ruling will not only shape Trump's second term but also set a precedent for executive power in the decades to come, the New York Magazine piece argues.
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