U.S. President Donald Trump opted out of attending the Supreme Court oral arguments on his tariff policies, stating, “It’s not about me.” Treasury Secretary Scott Bessent was expected to be the most prominent figure present until comedian John Mulaney made an appearance. While Mulaney did not disclose his reason for attending, he previously discussed the similarities between Supreme Court arguments and stand-up comedy on lawyer Neal Katyal’s podcast.
During the proceedings, Katyal represented small businesses suing the Trump administration over the tariffs. He emphasized that tariffs function as taxes, shifting money from Americans to the U.S. Treasury, a power reserved for Congress by the Constitution. In contrast, Trump’s Solicitor General John Sauer argued that the tariffs were not a tax but rather a regulatory measure affecting imports from numerous countries.
Chief Justice John Roberts probed Sauer on who bears the tariffs’ cost, highlighting the complexities of tariff payment mechanisms. Justice Neil Gorsuch expressed doubts about Sauer’s arguments during the hearing. Trump’s use of the International Emergency Economic Powers Act to impose tariffs has faced scrutiny, with Justice Amy Coney Barrett questioning the historical precedent for such actions.
Legal analysts monitoring the Supreme Court’s response noted a prevailing skepticism, particularly among conservative justices. Speculation suggests that the court may rule against the tariffs, potentially requiring the Treasury to refund the substantial amounts collected through them. However, the decision’s impact on tariffs affecting the Canadian economy remains uncertain.
Trump’s imposition of tariffs on specific Canadian exports, including those related to cross-border fentanyl trafficking, could be subject to the court’s ruling. These tariffs, which have generated significant revenue, may face legal challenges depending on the court’s final decision.