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Trump’s tariffs before the Supreme Court: the president’s powers at stake

-Trump’s tariffs end up before the Supreme Court, which will have to determine whether the president abused the powers granted to him by the 1977 economic law-

Trump’s tariffs end up before the US Supreme Court, opening one of the most sensitive cases of the Republican presidency. A group of states led by Democrats, together with several business associations, has challenged the legitimacy of the tariffs imposed by the president since 2 April 2025, a symbolic date renamed “Liberation Day” by the administration. According to the plaintiffs, the White House’s aggressive trade policy violates the limits set by federal law.

The legal issue: the use of the Emergency Economic Powers Act

At the heart of the debate over Trump’s tariffs is the application of the International Emergency Economic Powers Act (IEEPA), a 1977 law that allows the president to respond to “unusual and extraordinary” threats to national security or the economy. In American history, this law has been used to impose targeted sanctions or embargoes, but never to introduce generalised tariffs on a global scale.

The Supreme Court will have to determine whether the trade imbalance and alleged penalties suffered by the United States can really be considered “extraordinary threats” such as to justify the activation of the law.

Balance of powers and institutional separation

The dispute over Trump’s tariffs goes beyond trade policy. It is part of a broader tension between the White House and independent state bodies. The friction between the president and the Federal Reserve over monetary policy is one example: Trump has often criticised the central bank’s decisions, ignoring its statutory autonomy.

Now the Supreme Court, with its upcoming decisions on tariffs, the Fed and illegal immigration, will effectively define the boundaries of presidential powers.

The economic and political consequences of a rejection

A negative ruling could force the government to reimburse up to $70 billion in customs duties. But the repercussions would go beyond the economic sphere: a rejection of the tariff policy would redraw the entire balance of power in the United States, affecting Washington’s international credibility and market stability.

At stake are not only Trump’s tariffs, but the very definition of the limits of executive power in American democracy.

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