Trump administration defends tariff policies in front of skeptical Supreme Court
Supreme Court appears skeptical on legality of Trump's tariffs
The Trump administration defended its sweeping global tariffs against a highly skeptical Supreme Court on Wednesday. The tariffs put in place by President Donald Trump are broad and the administration's decision to place tariffs on nearly every country in the world — sometimes over 100% — affects how much you pay for many things, from electronics to clothes to car parts. FOX 5's Katie Barlow explains.
WASHINGTON - The Trump administration defended its sweeping global tariffs against a highly skeptical Supreme Court on Wednesday.
The tariffs put in place by President Donald Trump are broad and the administration's decision to place tariffs on nearly every country in the world — sometimes over 100% — affects how much you pay for many things, from electronics to clothes to car parts.
So, the court's decision in this case will affect you.
Big picture view:
There were two legal concepts at play in Wednesday’s arguments.
First, the Major Questions Doctrine: That means that when Congress gives up some of its power to the president for actions of "vast economic and political significance," they have to be crystal clear about that.
Second, the Nondelegation Doctrine: It states that Congress cannot delegate — or give up — its legislative power to another branch of government.
WATCH TODAY’S PROCEEDINGS HERE
"Counsel, some time ago, you dismissed the applicability of the major questions doctrine and I want you to explain that a little bit more. It seems it might be directly applicable," Chief Justice John Roberts said.
"The justification is being used to impose tariffs on any product from any country in any amount for any length of time. That seems like…I'm not saying it's not there, but it does seem like it's a major authority and the basis for the claim seems to be a misfit," Roberts continued.
Roberts, a Bush appointee, suggested that the law the Trump administration is relying on to impose these tariffs has never been used to justify tariffs.
Dig deeper:
The International Emergency Economic Powers Act says the president can regulate importation and exportation when there is a national emergency.
Trump says the United States' trade deficits with other nations constitutes an economic emergency and a flood of fentanyl across the U.S. border.
Challengers, including a group of states and an educational children's toy maker, argue that Congress did not give the president the power to impose a tariff.
Justice Brett Kavanaugh, a former White House staffer for President George W. Bush, was skeptical of limiting the president's ability to impose a tariff when the president thinks it's necessary to get another country to do what he wants.
What's next:
A decision is expected by summer but perhaps sooner because the court has fast-tracked the case.