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Why the Supreme Court Might Kill Trump’s Tariffs
People walk past the U.S. Supreme Court in Washington, D.C., on November 5, 2025. The Supreme Court heard arguments Wednesday on whether a wide swath of Donald Trump’s tariffs are lawful. (Mandel Ngan/AFP via Getty Images)
Trump says he can levy tariffs whenever and wherever he likes. The Supreme Court doesn’t seem so sure.
By Jed Rubenfeld
11.06.25 — U.S. Politics
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The Supreme Court heard arguments on Wednesday in a case that could decide whether President Donald Trump has the authority to unilaterally level wide-ranging retaliatory tariffs against other countries. And while the oral argument was far from decisive, the administration could be in trouble.

Trump has called this case a matter of “LIFE OR DEATH for our Country”—the “biggest case” the Court has heard “in a hundred years.” That’s an exaggeration, but the stakes are potentially enormous.

Tariffs are a central pillar of Trump’s foreign policy. He’s used the tariffs challenged here, which include duties of up to 50 percent (and the threat sometimes of even more) on dozens of countries all over the world as leverage for major international agreements. Most recently, his threat of massive tariffs reportedly helped convince China to ease U.S. access to critical rare-earth minerals—although the argument could be made that China blocked the export of rare earths in the first place only because of Trump’s earlier tariff threats.

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Tariffs
Trade
Supreme Court
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