Until now, the US Supreme Court has been modestly deferential to Donald Trump’s executive overreach. Oral arguments in the case challenging the legality of the president’s tariffs suggest that this may be about to change.

The court’s three liberal justices appear sure to vote that Trump lacked the authority to impose the tariffs under the International Emergency Economic Powers Act (IEEPA). Chief Justice John Roberts, Justice Neil Gorsuch and Justice Amy Coney Barrett all sounded as though they were contemplating joining their liberal colleagues.

If two of them decided to join, as now seems possible, Trump will have to try and reimpose the tariffs based on a patchwork of other legal authorities, which might significantly constrain his ability to do so effectively.

The technical questio

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