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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)

@loisk6186 2025-11-07

Thanks for spotlighting Lisa Graves, a brilliant legal mind.

32 3 replies
@kevinwilliams1768 2025-11-07

excellent interview by Lisa Graves. Very insightful clear & precise

14
@nancycarter1617 2025-11-07

Thank You Amy and Lisa!

13 3 replies
@Elisa-dl3ii 2025-11-07

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

4
@glenpeters9097 2025-11-08

If we ever emerge from this darkness, reforming the rules and those entrusted to protect them, needs to change... improve!

2
@dannylyles554 2025-11-09

What can citizen do to stop this? Why does so few of control over the many? Should we the people abide by laws they ignore?

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
@rogercampeau284 2025-11-07

even if exporters give a discount equal to the tariffs, the tariffs are still paid by the american companies or importer. Licenses are imposed on the exporter, but tariffs are imposed on the importer. Licences are not a tax on americans but a tax on exporters

1
@VibingwWillow 2025-11-09

Thank you for sharing ❤

0
@christmassnow1972 2025-11-07

"English Please." Amy Goodman, you took the words right out of my mouth!!!!

0

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