Many Trump critics believe that using this law as the legal foundation of a global tariff regime is a gross abuse of the law's original intent, and are urging the Supreme Court to shut it down.
Brett Edkins, managing director of policy and political affairs at Stand Up America, warned that granting the president this level of authority over the taxation of imported goods would "open the door to broader abuses of power" by emboldening Trump to usurp even more authority from the US Congress.
“We’re already dangerously close to a presidency without limits," he said. "It’s time for the right-wing majority on the court to stand up for our Constitution and serve as a check on Trump’s power, starting with this case."
Josh Orton, president of progressive legal advocacy organization Demand Justice, also said that the tariff case before the Supreme Court "is about far more than an economic debate or a trade-law dispute," given its implications for the separation of powers laid out in the US Constitution.
"Trump is demanding that the court hand him raw power over the economy," said Orton. "If Trump wins here, he won’t just raise costs on American families. He will cement a precedent that expands his power as executive in a dangerous and unprecedented way—letting any president unilaterally rewrite trade law, punish certain industries, harm consumers, or leverage international allies for personal gain."
Leor Tal, campaign director at the progressive advocacy coalition Unrig Our Economy, argued that the Supreme Court wouldn't even need to hear the case on the Trump tariffs if Congress reasserted its authority given under the US Constitution to levy taxes.
“As the Supreme Court hears a case with implications for whether Americans can afford groceries, school supplies, and more, people will remember that Republicans in Congress could end these disastrous tariffs today and should have done so a long time ago," she said. “These tariffs are nothing more than a tax on working Americans, and Republicans in Congress have voted time and again to keep them in place... Republicans in Congress must act immediately to repeal Trump’s tariffs and finally put working people first."
During Wednesday's hearing on the tariffs case, conservative Supreme Court Justice Neil Gorsuch raised concerns about allowing the president to usurp congressional powers in perpetuity by issuing emergency declarations that Congress must then vote to revoke before it can resume its duties outlined in Article I of the US Constitution.
"So Congress, as a practical matter, can't get this power back once it's handed it over to the president," Gorsuch remarked. "It's a one-way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people's elected representatives."
Sauer tried to counter this by pointing to former President Joe Biden agreeing in 2023 to sign bipartisan legislation ending the national health emergency caused by the Covid-19 pandemic.
Gorsuch, however, countered that this only occurred with the president's consent, and that it would otherwise take a supermajority to end a declared emergency if the president elected to veto the congressional resolution.
Justice Sonia Sotomayor also grilled Sauer on concerns about separation of powers, and she noted that the Constitution explicitly delegates taxation powers to Congress.
"It's a congressional power, not a presidential power, to tax," she said. "You want to say tariffs are not taxes, but that's exactly what they are. They're generating money from American citizens, revenue."
Ahead of the Supreme Court hearing this week, Trump posted a frantic message on his Truth Social platform warning justices that his power to unilaterally impose tariffs was a matter of "life or death" for the United States.
""With a Victory, we have tremendous, but fair, financial and national security," he claimed. "Without it, we are virtually defenseless against other countries who have, for years, taken advantage of us."
Meanwhile, Sen. Ron Wyden (D-Ore.) said on social media Wednesday that "Trump’s tariffs are sending small businesses to an early grave."
"Trade authority begins and ends with Congress," the senator added. "I’ll keep battling to rein in Trump’s tariff madness and protect small businesses, farmers, and families."
