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Shock for Trump… The US Supreme Court questions the legality of customs duties


The Supreme Court (by majority) on Wednesday decided on the legality of the Tariffs imposed by President Donald Tariffs on almost all of Washington’s trading partners, which he says are reciprocal in the context of reciprocity, in addition to duties specifically targeting Mexico, Canada, and China due to their supposed role in the flow of drugs to the United States.

Emergency Economic Powers Act

Conservative judges, in addition to the three liberals, questioned whether "International Emergency Economic Powers Act" What Trump activated authorizes him to impose tariffs.
Justice John Roberts said "The legal text does not include the phrase customs tariffs"
The justices also consider whether Congress must provide clear authorization for policies with major economic or political consequences.

Broad powers for the president

Attorney General John Sauer, who is arguing the case for the Trump administration, responded to questions from several justices about this principle and said that it does not apply given the broad powers vested in the president.
He added that Congress is expected to grant the president broad powers to address international crises.
Sauer pointed out that the essence of the case is not authority. Imposing taxes and even regulating foreign trade, including the power to impose tariffs instead of imposing taxes.

Imposing taxes rests with Congress

Liberal Justice Sonia Sotomayor indicated that the power to impose taxes "It is up to Congress, not the president"She added: "You want to say that customs duties are not taxes, but that is exactly what they are"
Judge Neil Gorsuch, who was appointed by Trump, questioned whether Congress could restore powers after delegating them to the presidency, noting that "In practical terms in the real world, Congress can never regain that power"
Neil Katyal, who represents small businesses challenging Trump’s tariffs, said that it is unbelievable that Congress, when enacting the International Emergency Economic Powers Act, gave the president the authority to restructure the entire tariff system and the American economy at the same time."
The court’s decision, which may take several months to issue, is not related to the tariffs imposed by Trump on specific sectors, including steel, aluminum, and vehicles.

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