Bessent to attend Supreme Court hearing in tariff challenge

By Brett Rowland
The Center Square

U.S. Treasury Secretary Scott Bessent plans to attend oral arguments Wednesday in a case challenging President Donald Trump’s authority to use tariffs without Congressional approval.

Trump said last month that he considered personally attending the arguments in what he said is the most important case before the nation’s highest court. However, on Sunday, Trump said he wouldn’t attend because he didn’t want to distract from the issues.

On Tuesday, the White House said Bessent would attend at Trump’s request.

Trump has said that an adverse decision from the Supreme Court would leave the nation “defenseless.”

“Next week’s Case on Tariffs is one of the most important in the History of the Country,” Trump wrote in a social media post. “If a President is not allowed to use Tariffs, we will be at a major disadvantage against all other Countries throughout the World, especially the ‘Majors.’ In a true sense, we would be defenseless!”

Trump used the 1977 International Emergency Economic Powers Act to impose tariffs on every U.S. trading partner after declaring twin emergencies over fentanyl deaths and trade imbalances. No other president has used the law, which doesn’t include the word “tariff,” to impose tariffs.

A group of Democrat-led states, five small businesses and two Illinois-based toymakers have challenged tariffs imposed under the International Emergency Economic Powers Act. They argue that Trump’s interpretation of the law, which grants him immense emergency power, exceeds his executive authority and note that only Congress has the power to impose taxes.

The administration argues that Congress intended the law to grant the president broad powers to act during an emergency, and that the statute doesn’t need to specifically mention tariffs because tariffs are the typical tool for addressing importation issues.

Two lower courts have already said the 1977 International Emergency Economic Powers Act doesn’t give the president unbounded tariff authority.