U.S. Supreme Court asks critical questions about Trump’s tariffs

Justices of the U.S. Supreme Court, including conservative ones, have raised questions over legality of the Donald Trump administration to impose sweeping tariffs.

They argued on whether or not Trump has the authority to impose sweeping tariffs under a 1977 emergency law.

The judges heard arguments from the administration and opponents of Trump’s actions in a session lasting more than two hours on Wednesday.

It was unclear when a ruling would be handed down, but U.S. media reported it could take weeks to months.

Chief Justice John Roberts, an appointee of Republican President George W. Bush said during the hearing that “the vehicle is imposition of taxes on Americans, and that has always been the core power of Congress.”

The case concerns country-specific tariffs first announced by Trump in April, targeting dozens of U.S. trading partners, which the administration later adjusted some rates.

In invoking the International Emergency Economic Powers Act of 1977 (IEEPA), Trump argued that trade deficits with other nations posed a national security risk, justifying tariffs without congressional approval.

However, an appeals court disagreed, saying tariffs fell within Congress’s remit and dealt a blow to Trump’s aggressive trade policy.

In its appeal, the Trump administration argued that stripping the president of this tariff authority would endanger trade deals struck with major partners, arguing that the agreements were negotiated under pressure from the contested tariffs.

Justices Amy Coney Barrett and Neil Gorsuch, both Trump appointees, were particularly critical of the administration’s arguments, and questioned why almost all U.S. trading partners were classified as threats to national security.

Barrett said “I want to ask you about unusual threat that we haven’t talked about, yet the reciprocal tariffs.

“Is it your contention that every country needed to be tariffed because of threats to the defence and industrial base? I mean, Spain, France,” she asked.

She asked the U.S. Solicitor-General, D John Sauer, who was arguing for the Trump administration “I could see it with some countries, but explain to me why many countries needed to be subjected to the reciprocal tariff policy.”

Gorsuch, who warned against a unilateral shift of power in favour of the president and at the expense of Congres, said “this, according to the Constitution, is the government branch with the power to levy taxes and customs duties.