A majority of the Supreme Court appeared skeptical of President Donald Trump’s emergency tariffs Wednesday, with several conservative justices picking away at many of the administration’s top arguments to defend the import duties in one of the most closely watched oral arguments of the year.
Court wrapped shortly before 1 p.m., and in arguments that spanned over two and a half hours, the 6-3 conservative majority asked difficult questions of both sides. The overall cadence suggested that a majority at least had reservations about the administration relying on declared emergencies to impose sweeping global tariffs with no limit.
“The vehicle is imposition of taxes on Americans, and that has always been the core power of Congress,” Chief Justice John Roberts said in one key moment.
Roberts and other members of the court’s conservative wing had tough questions for the small- and medium-sized business that are challenging Trump’s tariffs. Justice Brett Kavanaugh, in particular, seemed concerned about limiting the power of a president to raise tariffs in an emergency.
Kavanaugh, a potential key vote in the case, repeatedly noted that a lower court had allowed then-President Richard Nixon to impose global tariffs under a similar law during his administration – a historical reference that suggested Congress intended to give a president “tools to respond to an emergency in an appropriate way.”
The court has repeatedly sided with the second Trump administration this year, including a major case involving the power of federal courts to temporarily pause a president’s policies. If the court rules against Trump over tariffs it would be the first major break of his second term.
The court is expected to hand down a decision by the end of June – or potentially sooner.