FROM NBC NEWS: President Donald Trump’s sweeping tariffs appear to be on shaky legal ground, with Supreme Court justices on Wednesday indicating he may not have the authority to impose them under a law designed for use during a national emergency.
The legal question is whether a 1977 law called the International Emergency Economic Powers Act, or IEEPA, which allows the president to regulate imports when there is an emergency, extends to the power to impose global tariffs of unspecified duration and breadth.
The Constitution states that the power to set tariffs is assigned to Congress. IEEPA, which does not specifically mention tariffs, says the president can “regulate” imports and exports when he deems there to be an emergency, which occurs when there is an “unusual and extraordinary threat” to the nation.
The Supreme Court justices, which has a 6-3 conservative majority asked Trump’s lawyer, Solicitor General D. John Sauer, tough questions. The report notes that “some of the conservatives seemed more sympathetic to his arguments, and that the court has “regularly backed Trump on various contentious cases since he took office in January.” However, oral argument lasted almost three-hours. At this point, the tariffs dispute could go either way, NBC reports.
Chief Justice John Roberts, a conservative, saidt “the imposition of taxes on Americans” has always “been the core power of Congress.”
“You want to say tariffs are not taxes, but that’s exactly what they are. They are generating money from American citizens,” said Justice Sonia Sotomayor.
Other justices echoed similar thoughts in their questioning.
The results of the case will have heavy consequences.
Trump has noted how impactful this decision is to him and his economic plan, and warned of drastic consequences if the court strikes down his tariffs.
“If a President was not able to quickly and nimbly use the power of Tariffs, we would be defenseless, leading perhaps even to the ruination of our Nation,” Trump said in a Truth Social post on Sunday.
I even if he were to lose at the Supreme Court, however, some of his tariffs would likely survive as they have been levied under different laws. His administration has also been investigating additional means of imposing tariffs.
Treasury Secretary Scott Bessent, who was at the hearing, said he is feeling positive about the outcome.
🚨 BREAKING: Scott Bessent heard the Supreme Court oral arguments and is OPTIMISTIC they will uphold President Trump’s tariffs pic.twitter.com/Xxi7loFhky
“I’m very optimistic, after listening to the questions at SCOTUS, that the IEEPA ruling is going to come President Trump and…
— Eric Daugherty (@EricLDaugh) November 5, 2025
Americans believe the tariffs are contributing to higher costs of items. According to an NBC News poll, 63% of registered voters believe Trump is failing to live up to expectations on the economy. He promised to lower prices, and the tariffs were supposed to help.
Other recent polls show a majority of Americans oppose the tariffs, which disproportionately burden small businesses.
READ MORE AT NBC NEWS.
