Will the Courts Save Trump From His Worst Excesses?

Potential Supreme Court Intervention

The article discusses the possibility of the Supreme Court limiting President Trump's power, particularly regarding his imposition of tariffs. Several lawsuits challenge the legality of these tariffs, arguing that they exceed the president's constitutional authority and violate established trade laws.

Legal Arguments

The legal arguments against the tariffs center on the following points:

• The Constitution grants Congress the power to tax and impose tariffs.
• While Congress has delegated some authority to the executive branch, the president's power is limited by existing statutes; IEEPA, invoked by Trump, lacks the requirements of other trade laws and lacks the terms “tariffs” or “taxes”.
• There are no legitimate emergencies justifying the imposition of tariffs.

Political Implications

The Supreme Court's previous decisions limiting congressional delegation of power and striking down parts of Biden's student loan forgiveness plan might influence their approach to Trump's tariffs. A decision against Trump could create a precedent for future administrations, while a ruling in Trump's favor would increase the executive's power. The potential impact on the economy and the 2024 elections is also considered. Republicans may favor court intervention to prevent economic damage, but simultaneously fear alienating Trump's base.

Beyond Tariffs

The article extends the discussion beyond tariffs, considering the courts' potential role in addressing other areas such as ICE operations and the federal bureaucracy. Judicial intervention could require Congress to take action on issues like budget cuts and mass layoffs, thereby creating new political challenges for Republican lawmakers.