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Supreme Court Justices Appear Skeptical of Claims Trump Has Power to Impose Sweeping Tariffs

HeadlineNov 06, 2025

The Supreme Court has heard oral arguments in a major case challenging President Trump’s authority to impose sweeping tariffs on foreign goods. On Wednesday, Solicitor General John Sauer argued Trump has the power to unilaterally impose the tariffs under a 1977 law known as the International Emergency Economic Powers Act, which grants the president the authority to regulate commerce during wartime or other national emergencies. A majority of justices appeared skeptical of that argument, siding with states and businesses who argued that the Constitution grants Congress — not the president — the power to impose taxes and regulate foreign commerce. This is Justice Sonia Sotomayor.

Justice Sonia Sotomayor: “It’s a congressional power, not a presidential power, to tax. And you want to say tariffs are not taxes, but that’s exactly what they are. They’re generating money from American citizens.”

The Supreme Court has agreed to an expedited schedule in the tariffs case, meaning a decision could come as soon as later this year.

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