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One critic warned a Trump win “will cement a precedent that expands his power as executive in a dangerous and unprecedented way.”
As the US Supreme Court on Wednesday began hearing arguments on the sweeping powers claimed by President Donald Trump to impose tariffs on foreign goods, many critics warned that the court would create a "presidency without limits" if it ruled in his favor.
In April, Trump unveiled unprecedented tariffs on nearly every nation in the world using powers granted under the International Emergency Economic Powers Act, a law passed in 1977 that allows the president to regulate international commerce during major emergencies such as wars.
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.
Gorsuch: So congress as a practical matter, can't get this power back once it's handed it over to the president.. one way ratchet toward the gradual but continual accretion of power in the executive branch and away from the people's elected representatives. pic.twitter.com/secLyWMX7H
— Acyn (@Acyn) November 5, 2025
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."
Justice Sotomayor asks about tariffs being a kind of tax on Americans and compares President Trump's emergency tariff Executive Orders to President Biden's student loan forgiveness policy and a hypothetical climate emergency. pic.twitter.com/nD0MYgVjv3
— CSPAN (@cspan) November 5, 2025
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."
"At a time when costs are rising and tariffs are wreaking havoc on people's pocketbooks, Republicans are doubling down on their agenda of raising healthcare costs on millions of Americans."
US states accounting for roughly a third of the nation's gross domestic product are currently in recession or on the verge of one as the federal government shutdown enters its fourth week, with congressional Republicans and President Donald Trump refusing to support an extension of key healthcare subsidies that are set to lapse at the end of the year.
A recent analysis by Moody's Analytics chief economist Mark Zandi estimates that 22 states are experiencing an economic downturn or are at serious risk of recession, a nascent crisis fueled by Trump's tariffs, mass deportations, and sweeping attack on the federal workforce—an assault that has intensified since the federal government shut down at the beginning of October.
States currently in or on the brink of recession include Maine, Oregon, Washington, Illinois, and Georgia. Among the states “treading water” are California and New York, according to Zandi, whose analysis was based on figures that predated the government shutdown.
Leor Tal, campaign director at the progressive advocacy coalition Unrig Our Economy, said Monday in response to the analysis that "Republicans in Congress are holding the US economy hostage, and working families are paying the price."
"At a time when costs are rising and tariffs are wreaking havoc on people's pocketbooks, Republicans are doubling down on their agenda of raising healthcare costs on millions of Americans," said Tal. "It's time for congressional Republicans to reopen the government, extend the healthcare tax credits, and start lowering costs for working families."
The shutdown, which Trump has embraced and exploited to advance his far-right agenda, began at a time when the country's economy was already on uneasy footing, with food prices continuing to rise despite the president's campaign promises, GOP Medicaid cuts causing chaos across the nation, and the labor market flashing signs of distress.
With no end to the shutdown in sight, The Associated Press noted Sunday that the "the U.S. Travel Association said the travel economy is expected to lose $1 billion a week as travelers change plans to visit national parks, historic sites, and the nation's capital, where many facilities such as Smithsonian Institution museums and the National Zoo are now closed to visitors."
If the government remains shut down in November, tens of millions of Americans could see cuts to Supplemental Nutrition Assistance Program (SNAP) benefits—which boost the economy while reducing hunger—and other aid.
Meanwhile, even as the Trump administration withholds federal labor market data amid the shutdown, economists say private and state-level figures signal escalating pain for workers that is sure to intensify the longer the closure persists.
"The fingerprints of Trump policy decisions are most clearly found in the distinct rise in federal [unemployment insurance] claims—claims filed specifically by workers laid off from federal agencies," Elise Gould and Joe Fast of the Economic Policy Institute wrote last week. "However, we are also seeing troubling trends in UI claims in regular state programs, particularly in the Washington, DC metropolitan area."
"The shutdown (and potentially the attempted politicization of key government data-collection agencies) could leave policymakers flying blind just as the economy encounters real turbulence," they cautioned.
John Diamond, director of the Center for Public Finance at Rice University's Baker Institute, warned earlier this month that the shutdown "could be a tipping point to recession."
"If it is resolved quickly, the costs will be small," Diamond argued, "but if it drags on, it could send the US economy into a tailspin."
"The People’s Price Index demonstrates how Republican policies are raising prices and are responsible for the extra pain millions of Americans are feeling everyday."
With the Bureau of Labor Statistics temporarily out of commission due to the shutdown of the federal government, one progressive advocacy organization is stepping up with some numbers of its own to measure the health of the US economy.
Unrig Our Economy on Wednesday announced the creation of the "People's Price Index," a report that highlights how US consumers are being hurt by the policies of President Donald Trump and the Republican Party.
"The People’s Price Index demonstrates how Republican policies are raising prices and are responsible for the extra pain millions of Americans are feeling everyday," explained Unrig Our Economy.
Among other things, the report focuses on the role that Trump's tariffs have played in raising food prices, as staples such as beef, coffee, and fresh produce have all seen dramatic price increases over the last several months.
As The Wall Street Journal reported on Wednesday, consumers have been struggling with the continued rise in grocery prices, and many of them appear to simply be buying less food than they normally would in order to save money.
Dirk Van de Put, CEO of snack company Mondelez International, told the Journal that US shoppers have "no inclination to increase their spending" on food, even as prices have continued to rise.
"They’re unsure about what’s going to happen, when those tariff effects really are going to hit them," Van De Put added.
In addition to grocery prices, the report examines the impact of Trump's tariffs on foreign lumber, furniture, and kitchen cabinets, all of which went into effect this week.
In short, the report found that anyone planning on doing a renovation to their house in the near future will have to pay significantly more.
"The head of the Hispanic Construction Council said that kitchen cabinets and vanities will cost homeowners 'thousands' more due to a 50% tariff Trump placed on kitchen cabinets and bathroom vanities," Unrig Our Economy explained. "Trump’s furniture tariffs are expected to raise the cost of a home by as much as $60,000 in some markets."
Unrig Our Economy's analysis of the tariffs comes just days after investment bank Goldman Sachs released new research estimating that US consumers are shouldering up to 55% of the costs stemming from Trump’s tariffs, even though the president has repeatedly made false claims that the tariffs on imports exclusively tax foreign nations and companies.
The price index also explores how the changes to healthcare spending in the Republican Party's One Big Beautiful Bill Act are expected to raise up the cost of having health insurance.
"President Trump and congressional Republicans’ refusal to extend crucial health care tax credits has already caused insurers to propose the largest hike in monthly premiums since 2018," the report notes. "If Republicans allow these tax credits to expire, monthly premiums will double on average for people who get insurance from the Affordable Care Act (ACA) Marketplace. Some people will see premiums go up by nearly $2,000 a month."
Additionally, the report finds that the cuts made to programs such as Medicaid will result in fewer Americans being insured, putting more financial strain on hospitals thanks to an increase in emergency room visits, which will thus "cause people with private, employer-based insurance to pay hundreds of dollars more each year for their healthcare."
Progressive advocacy group Groundwork Collaborative this week also highlighted the negative effects that Republicans' failure to extend ACA tax credits will have on Americans' financial and physical health.
"Trump and Republicans in Congress would rather shut down the government than address the fact that average premiums will more than double for over 22 million Americans in mere weeks," Groundwork Collaborative explained. "A family of three earning $70,000 will pay an extra $3,017 next year. A 60-year-old couple earning $85,000 will pay an extra $18,080—more than a fifth of their income."