Lyle Denniston

Sep 9 2025

Court steps into tariff fight

The Supreme Court on Tuesday agreed to decide, on a fast schedule, the constitutional controversy over President Trump’s claim that he has almost unlimited power to impose charges on goods entering the U.S. from anywhere in the world.
Two lower courts have denied the President that power, declaring that imposing tariffs on imports belongs to Congress under the Constitution as it has existed since 1787.  While those courts said Congress can hand some of that power to the President, several of the judges involved said that it would be unconstitutional if that sharing went too far.
The Court, in a one-page order, agreed to the much-expedited schedule suggested by both sides — the Trump Administration, defending the President’s authority, and several small importing business firms, challenging that claim.  The Court seldom grants full review of a case while it is still in its summer recess, as it is now.  It will open a new term on October 6.
Under the schedule it adopted, the Court is to hold a one-hour hearing in the first week in November.  Depending upon how difficult the review turns out to be, the Court could issue a final ruling within a matter of days or a few weeks. The Court was so willing to get involved that it accepted review one day ahead of a date suggested by the lawyers involved.
The Administration is predicting a global crisis if the President loses the case.
The President’s tariff policy, an on-again, off-again process, has disturbed the economy and the stock markets.
Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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