President Donald Trump opted out of attending Wednesday’s Supreme Court oral arguments regarding his tariff policy, stating, “It’s not about me.” Instead, the spotlight shifted to Treasury Secretary Scott Bessent. Unexpectedly, comedian John Mulaney made an appearance, with his reason for being there undisclosed. Mulaney had previously discussed the similarities between Supreme Court arguments and stand-up comedy on lawyer Neal Katyal’s podcast.
Katyal represented small businesses who sued the Trump administration in the tariffs case. During the hearing, Katyal emphasized that tariffs function as taxes, taking money from Americans and channeling it to the U.S. Treasury. He asserted that the power to levy taxes rests solely with Congress, accusing the president of bypassing Congress to implement significant tax hikes.
Trump’s Solicitor General John Sauer argued that the tariffs were not taxes, prompting skepticism from the court, including conservative justices. Chief Justice John Roberts questioned who ultimately bears the burden of the tariffs, challenging Sauer’s assertions. The court’s conservative judges expressed doubts about the administration’s arguments, with Justice Neil Gorsuch openly struggling to accept them.
The case revolves around Trump’s use of the 1977 International Economic Emergency Powers Act to impose tariffs, a move unprecedented in presidential history. The Trump administration faced defeats in lower courts, with judges questioning the legality of using emergency powers to impose tariffs without Congress’s explicit approval.
Analysts noted a prevailing skepticism among conservative Supreme Court justices during the hearing, suggesting a potential ruling against the tariffs. The court’s decision is expected in the coming weeks or months, with implications for the $90 billion collected through the tariffs. If deemed illegal, the Treasury might have to reimburse the collected funds, though existing tariffs affecting the Canadian economy may remain untouched.