Conservative justices sharply question Trump tariffs in high-stakes hearing

November 6, 2025

President Trump's extensive tariff program faced skeptical questioning from Supreme Court justices, including conservatives, during a hearing challenging his authority to impose these trade duties. Trump invoked a 1977 emergency powers law to justify tariffs on nearly every country worldwide, claiming the U.S. trade deficit constituted an emergency threat, but justices questioned whether this law grants such broad taxing authority that traditionally belongs to Congress. Small businesses and multiple states are challenging the tariffs, arguing the president exceeded his constitutional powers, with approximately $90 billion in collected tariffs potentially subject to refunds if the administration loses.

Who is affected

Small businesses that import goods, including Sarah Wells Bags and other companies facing unexpected tariff payments
A group of U.S. states challenging the tariffs
The Trump administration and the federal government
Trading partners worldwide, including China, Mexico, Canada, Spain, France, and nearly every other country
American consumers who pay higher prices due to tariffs
Workers at affected businesses facing layoffs

What action is being taken

The Supreme Court is hearing arguments and reviewing the legality of Trump's tariffs
Small businesses and states are actively challenging the tariffs in court
The Trump administration is defending its tariff policies before the Supreme Court
Companies like Sarah Wells Bags are switching supply chains and stopping imports
The White House is preparing alternative tariff authorities ("Plan B") if they lose the case

Why it matters

This case represents a fundamental constitutional question about the separation of powers between Congress and the President, specifically whether emergency powers laws allow the president to effectively override Congress's constitutional authority to impose taxes. The outcome will determine whether approximately $90 billion (potentially reaching $1 trillion) in tariff payments stands or must be refunded, significantly impacting the federal budget and global trade relationships. The decision will set critical precedents for future presidential authority, either validating or constraining the executive branch's ability to unilaterally reshape trade policy using emergency declarations. Beyond immediate economic consequences, the ruling affects America's credibility in international trade negotiations and the viability of existing trade agreements.

What's next

The Supreme Court will issue a ruling, with expectations it may move faster than the typical months-long timeline for major decisions
If the Trump administration loses, the government would need to process refunds of billions of dollars in collected tariffs
The White House plans to turn to other tariff authorities if the court rules against them
If ruled against Trump, three lower court rulings against the administration would stand; if ruled in Trump's favor, those rulings would be overturned

Read full article from source: BBC