On Thursday’s broadcast of the Fox News Channel’s “Ingraham Angle,” Fox News Contributor, author, and George Washington University Law Professor Jonathan Turley stated that The International Emergency Economic Powers Act (IEEPA) “does not speak directly to” sweeping tariff power and “It’s a power that Congress is given in the Constitution.” And so the Trump administration’s case will likely not succeed in front of the Supreme Court.
Turley said, “IEEPA has never been used for tariffs, has never been used in this way. And these judges were saying they just don’t see that what they called unbounded authority under this act. But the Trump administration is correct that Congress has, through the years, deferred to presidents on tariffs, including passing laws that give them authority to impose tariffs. And he can now go ahead and use some of those laws. And some of them allow for 150 days to be — to have tariffs put on, and then, during that period, you do an investigation. And then they can be left on if you find the requisite market conditions. And these are very discretionary types of decisions made by presidents under these laws. So, he has options here.”
He added that “Congress refused to undo the tariffs in a Senate bill. So, they’ve already had that vote.”
Turley concluded, “I think that there is a good chance they’ll uphold this court in IEEPA. This is a statute that does not speak directly to this power, which is, of course, sweeping. It’s a power that Congress is given in the Constitution. That’s going to divide some of the conservatives. So, I would not put money on prevailing in front of the Supreme Court. That’s why they need to do belts and suspenders and go down that road that they went down before so successfully.”
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