On Wednesday morning, the United States Supreme Court began oral arguments on the legality of Trump’s tariffs, determining the fate of the tariffs imposed by Trump on most countries around the world. Treasury Secretary Benson is set to attend the Supreme Court’s hearing.
The Supreme Court’s review is solely focused on the tariffs imposed by Trump under the International Emergency Economic Powers Act (IEEPA), while tariffs imposed under other legal provisions are not at issue.
A lower federal court previously ruled that the tariffs imposed by Trump under the IEEPA were illegal, stating that it is Congress, not the president, who has the authority to levy tariffs in this manner.
Deputy Solicitor General John Sauer was the first to speak on Wednesday. He told the court in his opening statement that President Trump imposed additional tariffs because he believed that the trade deficit has plunged the United States into economic hardship, while the fentanyl crisis is taking American lives.
Justice Clarence Thomas, the longest-serving justice on the Supreme Court, typically asks the first question during oral arguments, and today was no exception.
Thomas first inquired of Deputy Solicitor General Sauer about his view that the “major questions doctrine” should not apply to this case. Under this doctrine, the Supreme Court has previously stated that the executive branch needs extremely clear authorization from Congress when implementing policies with “vast economic and political significance.”
The Supreme Court has previously struck down several actions by the Biden administration based on the “major questions doctrine.” The challenge to Trump’s tariffs may hinge on whether the justices believe this doctrine applies in this case.
At President Trump’s request, Treasury Secretary Benson is attending the landmark Supreme Court hearing on tariff issues.
Benson has been one of the key proponents of Trump’s trade policy agenda centered on tariffs. Earlier this week, the Treasury Secretary stated regarding his attendance at the Supreme Court hearing, “I am here to emphasize that this is an economic emergency.”
In court documents filed in September, he stated that if the Supreme Court finds the tariffs to be illegal but delays the ruling until next summer, the United States may need to refund $750 billion or more.
The Supreme Court will not reach a decision on this case on Wednesday. It is currently unclear when the court will announce its ruling.
This case is seen as a critical legal test for Trump. During his second term in the White House, the Supreme Court has made decisions favorable to him on some other policies.
On Tuesday, President Trump warned that the Supreme Court’s review of his comprehensive emergency tariff policy is a “life or death” moment for the United States, outlining the stakes of this case in terms of dire economic and national security situations.
“Tomorrow in our nation’s highest court, the (tariff) case is indeed a matter of life or death for our country,” Trump wrote on the “Truth Social” website on Tuesday.
“If we win, we will have massive but fair financial and national security protections. If we lose, we will have almost no ability to counter those other countries that have taken advantage of us for years,” the President wrote.
The President linked this case to the government’s trade policy, calling tariffs and new trade agreements “the architects of historic economic success.”
“Our stock market continues to reach historic highs, and our country has never been as respected as it is now,” Trump said, “this is largely due to the economic security brought by tariffs and the agreements we have reached because of them.”