Donald Trump declared a national emergency on the first day of his second term, citing an “invasion” of illegal immigrants from Mexico. Since then, he has invoked emergencies more frequently than any president since the National Emergencies Act was enacted in 1976.
Next week, the U.S. Supreme Court will hear arguments regarding the legality of Trump’s tariffs, a key aspect of his economic policy. The Court’s decision will address a lawsuit brought by multiple states challenging Trump’s assertion that the International Emergency Economic Powers Act (IEEPA) allows the president to impose tariffs on imports as a response to declared national threats.
Trump has identified various emergencies, including drug trafficking from Mexico and China, trade deficits, and issues related to the International Criminal Court’s investigations. These emergencies have enabled him to secure funding for a border wall and implement various policies, such as military border enforcement and oil drilling on federal land.
Central to the Supreme Court’s review will be whether the IEEPA grants the president the authority to levy tariffs, a duty traditionally reserved for Congress. Plaintiffs argue that Trump’s use of emergency powers has disrupted the constitutional balance of power and undermined the economy. They claim that the president’s interpretation of emergencies to impose tariffs is inappropriate.
The U.S. has experienced trade deficits for decades, and many experts believe that tariffs are not an effective solution to issues like unauthorized immigration. Additionally, the imposition of tariffs has contributed to rising prices for both consumers and businesses.
Although the recent trade war has seen some respite due to agreements reached between U.S. and Chinese leaders, uncertainty remains regarding its long-term impacts on the U.S. economy and national security. Should the Supreme Court rule against Trump, he may seek alternative statutory avenues for imposing tariffs, though these come with their own limitations and procedural requirements. The decision could significantly shape the extent of presidential power in trade matters.
Source: https://www.theguardian.com/us-news/2025/nov/02/trump-tariffs-supreme-court