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Arguments Over Trump Tariffs Hit Supreme Court
Bloomberg
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2 days ago
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00:00
Tyler, give us a sense of the stakes as the arguments are delivered.
00:06
Yeah, hey, Joe. So we're just about a little over two hours into the oral arguments today,
00:12
and it does appear that the justices may be casting doubt on the Trump administration's
00:16
argument. There are two central questions at the center of today's hearing. One,
00:21
does President Trump have the legal authority to impose tariffs under IEPA,
00:24
the International Emergency Economic Powers Act? Because it's never been used in this way before.
00:29
And two, if he does have the authority, can he do so without congressional approval? And it is that
00:35
latter question that appears to really be at the forefront of the justices' questions today.
00:40
Many of them are asking the Solicitor General just this. In fact, we're hearing the Solicitor
00:45
General, who is representing the administration, try to distance the administration's argument
00:49
away from the fact that tariffs can be used as a revenue raiser. We're going to keep hearing this
00:54
come up because revenue raising sounds a lot like the power of the purse, which sounds like it would
00:59
fall under Congress's purview. Instead, the White House is trying to make this all about
01:03
foreign actors and national emergencies. The other part of this is that in order to invoke
01:08
IEPA tariffs, the president had to declare a national emergency. And we're hearing some of
01:13
the justices question whether or not those so-called reciprocal tariffs enacted over this national
01:18
emergency, according to the administration of persistent trade imbalances, meets that legal
01:23
standard for an unusual and extraordinary circumstance in order for there to be a national
01:28
emergency. There's a lot still to follow here in this case. But Joe, we heard the plaintiffs argue
01:34
that the administration could have used other tariff powers. And that might become even more pertinent
01:38
depending on how this court case goes. We know the administration is preparing these other
01:43
authorities like Section 232, those national security tariffs. And we're not expecting the levies to go
01:49
away. But Joe, I'll leave you with this. About 60 percent of the tariffs so far implemented this
01:53
term are tied to IEPA. So this could have some pretty sweeping impacts. Boy, it sure sounds like
01:58
it. Tyler, can you give us a sense of what we're hearing? We're obviously on TV and radio here,
02:02
but it's a pretty noisy situation behind you. How many folks have turned out at the court for these
02:06
arguments? So there is a crowd here against President Trump's tariffs. We know that this court in
02:15
particular has some weighted circumstances when it comes to presidential authority because while
02:21
the Supreme Court has ruled on an emergency basis around President Trump's policies before, this is
02:26
the first time the court is hearing a case related to his actual policy that would have longstanding
02:32
impacts. This is a longer term case, not just an emergency ruling. So that's really significant here
02:39
as we look at the broader circumstances. But definitely loud out here in front of the Supreme Court today.
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