Front row, left to right: Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., Samuel A. Alito, Jr., and Elena Kagan. Back row: Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh, and Ketanji Brown Jackson.

By Joe Lombardi From Daily Voice

A majority of Supreme Court justices, including key conservatives, appeared deeply skeptical as they questioned the legality of President Donald Trump’s sweeping tariffs during a nearly three-hour hearing on Wednesday, Nov. 5. 

The justices pressed the administration over whether a decades-old emergency powers law really gives presidents such broad authority to impose tariffs on imports from nearly every country, without explicit approval from Congress.

Chief Justice John Roberts and Justice Amy Coney Barrett led the charge, highlighting the unprecedented use of the International Emergency Economic Powers Act (IEEPA) for tariffs. 

Roberts pointed out that, unlike other laws, the IEEPA “has never before been used for that purpose,” and said the idea that it allows the president to set tariffs “seemed to be misfit.” 

Barrett, echoing concerns about checks and balances, noted that raising tariffs is “traditionally a core power of Congress.”

The administration has argued that the tariffs are a form of “regulation” rather than a tax, but the justices pressed for a distinction. 

If the court sides with the challengers — a coalition of small businesses and several states — it could force the government to refund some of the $90 billion in tariff revenue already collected.

The outcome could mark the first time the current 6-3 conservative majority has rejected Trump in a major argued case since his return to office in January. The justices’ questions signaled unease not only with the legal rationale but with the practical impact of a ruling against the administration.

Barrett asked attorney Neal Katyal, representing the businesses, about how refunds would work. “Would it be a complete mess?” she said. Katyal replied, “It’s difficult, absolutely, we don’t deny that.” 

The court’s decision, which must be rendered by the end of June 2026 but may be issued as soon as this month, will set a crucial precedent for presidential power over trade policy and could reshape global trade relations.

With nearly $90 billion at stake, the financial impact could ripple across the US economy. 

For now, businesses and consumers alike are waiting for clarity on whether this wave of tariffs — and the president’s power to impose them — will stand.

Check back to Daily Voice for updates.