Today, the Supreme Court heard oral arguments in the cases challenging President Trump’s assertion of unilateral tariff authority. The Court’s decision will have an impact not just on the President’s current tariff policy, but, potentially, for the balance of powers between Congress and the President for decades to come. The Justices asked numerous good questions challenging the government’s position. Justice Gorsuch and Justice Barrett, echoing an argument made by Advancing American Freedom in its amicus brief, pressed the Solicitor General on whether Congress would ever effectively be able to reclaim the power at issue in this case if it had truly delegated it to the President.
As the late Justice Scalia recognized, it is the structure of our constitutional system, which divides power among three coequal branches, that preserves American liberty.
We hope the Court will recognize the significant implications this case has for every American’s freedom from unilateral power and will strike down the President’s tariffs.