Supreme Court Justice Neil Gorsuch is getting something of an “I told you so” moment as Congress mounts a rare challenge to President Donald Trump’s use of emergency powers to levy tariffs, exactly the danger he warned about during arguments last fall.
Gorsuch Warned Of ‘One-Way Ratchet’ Risk On Power
At last November’s hearings over Trump’s reliance on the 1977 International Emergency Economic Powers Act, or IEEPA, to impose duties on multiple countries, Gorsuch, who was nominated to the Supreme Court by Trump in 2017, cautioned that the administration’s reading risked a “one-way ratchet” of authority from Congress to the White House, according to a report by The Hill.
“It’s going to be veto-proof,” he said of emergency declarations. “What president’s ever going to give that power back? A pretty rare president. So how should that inform our view?”
Those questions are back in the spotlight as the justices prepare to issue opinions on three separate days between now and next Wednesday, with global markets watching closely for a ruling in the consolidated tariffs case.
House Vote Highlights Limits Of Revolt Against Tariffs
On Capitol Hill, the House voted 219-211 last week to terminate the national emergency underpinning Trump’s tariffs on Canada, with six Republicans joining Democrats under IEEPA. The measure now heads to the Senate, where a similar effort previously drew bipartisan support. Even if it reaches Trump’s desk, however, the revolt remains largely symbolic since backers are far short of the two-thirds margins needed in both chambers to override an expected veto.
In theory, lawmakers can amend IEEPA at any time to clarify whether it authorizes Trump’s tariffs. But Speaker Mike Johnson (R-La.) has shown little appetite to reopen the statute, saying Congress should give “a little bit more runway” for the dispute to be worked out between the executive and judicial branches.
Markets Watch Court, Congress Test IEEPA Tariff Powers
The Trump administration, for its part, is urging the court to trust Congress’s ability to claw back power, pointing to lawmakers’ bipartisan vote to end the COVID-19 emergency as proof the system still works, Solicitor General D. John Sauer has argued.
Prediction markets, followed closely by investors, show traders betting the justices are more likely than not to strike down at least some of the tariffs, even as odds swing with every hint from the court.
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