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The oral argument on Nov. 5 for the Trump tariffs was fascinating as justices struggled with the knotty question of whether a president has the sweeping authority claimed by President Donald Trump under the International Emergency Economic Powers Act (IEEPA). The justices were skeptical and uncomfortable with the claim of authority, and the odds still favored the challengers. However, there is a real chance of a fractured decision that could still produce an effective win for the administration.

The counsel

First, the counsel. I was highly impressed by the performance of Solicitor General John Sauer, who did a brilliant job in weaving historical and precedential arguments in favor of the tariffs. He had a tough case and

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