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What should guide the Supreme Court’s decision on Trump’s tariffs?
Will President Donald Trump prevail at the Supreme Court on the pending case challenging most of his tariffs? The trial and appellate courts ruled against the “Liberation Day” tariffs he announced on April 2 and the “trafficking tariffs” he says are aimed at curbing drug flows into the US. The lower courts deemed these measures illegal, finding that Congress had not delegated to the president sufficient authority to impose them. When the Supreme Court hears arguments on the tariff case in November, Trump’s legal team will argue that Congress’s delegation of authority under the International Emergency Economic Powers Act (IEEPA), combined with the president’s power to conduct foreign affairs, makes the tariffs legal.
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