In times of national emergency, should the Supreme Court dictate America’s grand strategy and international economic policies?
This question confronts the justices this week in Learning Resources v. Trump, a case that puts the president’s tariff powers to the test. If President Donald Trump loses, the Treasury faces having to refund more than $100 billion in tariff revenue, and the president’s trade strategy will be thrown into chaos.
Businesses that have already changed their operations because of the tariffs, drawing jobs and supply chains back to America, will be subject to grave new uncertainties: Will Trump find other legal grounds for his tariffs or will his project collapse, throwing the country back to an era of unfettered globalization?
The law Trump relies on most for his tariffs is the International Emergency Economic Powers Act, or IEEP, which gives him broad powers to “regulate” international trade when the president declares an emergency. …
