The Supreme Court appears unlikely to rule in favor of President Donald Trump’s tariffs, having raised concerns the president’s plans are exempt from a legal doctrine that felled a landmark Obama-era climate rule. During oral arguments on Trump’s tariff power, members of the Court’s conservative supermajority appeared unconvinced that the major questions doctrine does not apply to foreign affairs or national security measures.
Bracewell’s Joshua Zive told E&E News the Supreme Court’s questions appeared to be more aligned with the businesses opposing the tariffs.
Zive noted that Justice Neil Gorsuch, Justice Clarence Thomas and others raised concerns that allowing the president to impose broad tariffs without congressional authorization could undermine the separation of powers between the branches of government.
