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Lisa Graves on the Supreme Court, Tariffs, Voting Rights & Legacy of John Roberts

2025-11-07 News & Politics
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Democracy Now!
Democracy Now!
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Supreme Court Skepticism Over Trump's Unilateral Tariff Authority via IEEPA

Discover why the Supreme Court justices appeared skeptical of the Trump administration's justification for imposing sweeping tariffs using the International Emergency Economic Powers Act (IEEPA). Learn about the constitutional arguments challenging the President's power to tax and regulate commerce when Congress holds that explicit authority.

Short Summary

  • The U.S. Constitution grants Congress, not the President, the explicit power to impose tariffs, framing them as taxes paid by Americans.
  • Solicitor General John Sauer argued the levies were "regulatory" under IEEPA, but Chief Justice Roberts questioned the law's novelty in justifying such broad power.
  • Legal experts argue that invoking emergency powers (like IEEPA) for tariffs is baseless, citing potential for arbitrary action contrary to separation of powers.
  • Small and medium businesses, acting as plaintiffs, emphasize that the cost burden of these tariffs ultimately falls on American consumers.
  • The discussion frames this case within Chief Justice Roberts' judicial history, including his documented efforts to dismantle key protections within the Voting Rights Act.

This case centers on whether President Trump can unilaterally impose tariffs using a 1977 law (IEEPA) typically reserved for national emergencies, when the Constitution reserves taxing power for Congress. Guest Lisa Graves highlights the court’s skepticism but critiques the Roberts Court for consistently empowering the administration, linking these actions to a pattern of eroding established constitutional rights.

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Description

Support our work: https://democracynow.org/donate/sm-desc-yt The Supreme Court heard oral arguments this week in a case challenging President Donald Trump’s tariffs, with plaintiffs arguing that his unilateral levies on imported goods violate the Constitution, which grants Congress the power to impose taxes and regulate foreign commerce. The Trump administration has justified his unprecedented use of tariffs under a 1977 law known as the International Emergency Economic Powers Act, but several justices seemed highly skeptical of that argument, potentially putting President Trump’s signature economic policy at risk. “There is no genuine emergency. There is no war that is the precipitating basis for invoking IEEPA. And even if it were, it would not allow the imposition of tariffs,” says legal expert Lisa Graves, founder of True North Research and co-host of the podcast Legal AF. Graves also discusses her new book, Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote the Constitution and Dismantled Our Rights. Democracy Now! is an independent global news hour that airs on over 1,500 TV and radio stations Monday through Friday. Watch our livestream at democracynow.org Mondays to Fridays 8-9 a.m. ET. Subscribe to our Daily Email Digest: https://democracynow.org/subscribe

Top Comments (10)

@fermingarrick2120 2025-11-07

This Court is a puppets....show...

12 1 replies
@Elisa-dl3ii 2025-11-07

If the president has the authority in the event of economic emergency, what is the emergency?

4
@markrobert8172 2025-11-07

This will collapse if they go against tarriffs

3 5 replies
@camilliasornstein8808 2025-11-07

Exactly...the Supreme Court can not be trusted.

2 1 replies
@christiedeman394 2025-11-08

This SCOTUS is doing what the republicans have engineered back in the 1970s. Hand everything over to the ultra-wealthy and rule the people!

2
@mariaangelova8275 2025-11-08

I don't trust the Trump appointed judges. Not at all. They are letting Trump get away with murder!!

2
@babes2149 2025-11-07

I think the judge should throw Trump in jail

2
@JohnHensley-g1m 2025-11-18

What in the hell is the American people ever get out these taxes the government spends billions of our money but we the people are not going to get a dime we don't need a government

1
@RonnyThomas-v7q 2025-11-08

These so call law makers law enforcement and the agency itself is out of control justice has walked away for the American people now corruption rule

1
@ggttuuxx 2025-11-09

Solicitar General is a Shameless LIAR.

1

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