Thursday, September 11, 2025

There Is Much More At Stake in the Tariff Case Than Tariffs

The Supreme Court has agreed to hear President Trump’s appeal of a lower-court ruling against his tariffs.  As Greg Ip astutely analyzes the issue,  its decision could matter well beyond just the levies that Trump imposed in April. If the court sides with Trump, it could hand the president sweeping fiscal authority long the purview of Congress. It could enable the president, by simply invoking an emergency with some foreign element, to justify almost any revenue measure in response: not just tariffs, but other taxes, too. Trump officials claim in court, and in public, that the tariffs in question are targeted and temporary. “Far from being permanent, these tariffs end when the emergency ends,” Trump’s trade adviser, Peter Navarro, recently wrote. But that’s not what Trump himself, or the rest of the administration, envisions. Trump has said tariffs could replace income taxes, becoming Treasury’s primary source of revenue, as they were before 1913.

[EOP]

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