The Supreme Court, dominated by a 6-3 conservative majority, recently engaged in over two and a half hours of deliberations. The central question was whether former President Trump’s use of a 1977 law to impose indefinite tariffs represents a significant executive decision that necessitates explicit congressional approval.

Amidst the proceedings, Trump has persistently urged the Supreme Court to uphold these tariffs, which he regards as vital instruments in his economic and foreign policy arsenal.

These tariffs were enacted through the International Emergency Economic Powers Act (IEEPA), allowing Trump to target nearly all U.S. trading partners.

Though the Supreme Court characteristically takes several months to deliver rulings post-hearing, the Trump administration has requested an expedited decision in this instance. However, the timeline for the court’s verdict remains uncertain.

What is the Trump administration arguing?

Trump invoked the International Emergency Economic Powers Act, or IEEPA, to impose the tariffs on nearly every US trading partner.

While the Supreme Court typically takes months to issue rulings after hearing arguments, the Trump administration has asked it to act swiftly in this case, though the timing of the decision remains clear. Source: AAP / Kent Nishimura / POOL / EPA

IEEPA gives the president power to deal with “an unusual and extraordinary threat” amid a national emergency.

Sauer said Trump determined that US trade deficits have brought the nation to the brink of an economic and national security catastrophe.

But what does the law say?

“Can you point to any other place in the code or any other time in history where that phrase together ‘regulate importation’ has been used to confer tariff imposing authority?” Barrett asked.

Trump is the first president to use IEEPA to impose tariffs, one of the many ways he has aggressively pushed the boundaries of executive authority since he returned to office in areas as varied as his crackdown on immigration, the firing of federal agency officials and domestic military deployments.

Does the court have power over Trump?

Liberal Justice Elena Kagan pressed Sauer about his claim that Trump’s tariffs are supported by the president’s inherent powers under the Constitution.