Trump’s own SCOTUS picks could wind up hurting him on tariffs

Supreme Court justices, including Trump appointees, show skepticism toward president's use of emergency powers for Liberation Day tariffs in key IEEPA case.

Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI and other national news. She previously covered national politics at the Washington Examiner and The Washington Post, with additional bylines in Politico Magazine, the Colorado Gazette and others. You can send tips to Breanne at Breanne.Deppisch@fox.com, or follow her on X at @breanne_dep.

The IEEPA law gives the president broad economic powers in the event of a national emergency tied to foreign threats, and Trump declared the trade deficit such an emergency to impose tariffs via executive order earlier this year. But the law does not mention the word "tariffs" or "taxes" — a major sticking point in both this week’s oral arguments and the lower court’s earlier review of the case.

Most of the justices’ questions focused on a single phrase in the law — the power to "regulate importation" during a national emergency — and whether that phrase grants Trump the authority he claims. Several justices seemed wary of a reading that could hand Congress’ Article I power over revenue and taxation to the executive branch.