In a surprising turn of events, U.S. President Donald Trump opted out of attending Wednesday’s Supreme Court oral arguments regarding his tariff policies, stating, “It’s not about me.” The spotlight then shifted to Treasury Secretary Scott Bessent, until comedian John Mulaney made an unexpected appearance. Mulaney, who had previously discussed the similarities between Supreme Court arguments and stand-up comedy on lawyer Neal Katyal’s podcast, added intrigue to the proceedings.
Representing small businesses who had sued the Trump administration, Katyal wasted no time in emphasizing the issue of tariffs being akin to taxes, a power constitutionally reserved for Congress. Contrary to the administration’s stance that tariffs are not taxes, Chief Justice John Roberts challenged this notion by questioning who ultimately bears the cost of tariffs.
Notably, the Supreme Court’s conservative justices expressed skepticism towards the administration’s arguments. The use of the 1977 International Economic Emergency Powers Act (IEEPA) to impose tariffs was scrutinized, with Justice Amy Coney Barrett questioning the historical precedent for such actions.
Expectations lean towards the court ruling against the tariffs, as indicated by the skeptical tone of the justices’ inquiries. While a definitive decision may take weeks or even months, a potential reversal could require the Treasury to refund the substantial tariff revenues collected under Trump’s directives. However, the ruling may not impact the specific tariffs affecting the Canadian economy, which were implemented in response to trade issues such as fentanyl trafficking.
