The Supreme Court heard oral arguments for and against President Donald Trump‘s sweeping tariff scheme on Wednesday. In what could be a monumental break, the conservatives on the bench appear skeptical of the Trump administration’s justifications.
Though Congress typically sets import duties, the administration has argued that Trump can impose tariffs under the president’s emergency powers. They cite the International Emergency Economic Powers Act, saying it allows a president to regulate imports during a time of crisis.
Chief Justice John Roberts seemed to disagree on Tuesday, noting that “the imposition of taxes on Americans” has always “been the core power of Congress.”
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“The statute doesn’t use the word tariff,” Roberts said.
Associate Justice Neil Gorsuch voiced his concer

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