Jonathan Turley: Tarrifs Case Was Hard to Argue as Right off the Bat, Chief Justice Roberts Said This Is a Tax

EXCERPT:

TURLEY: "And this is what some of us predicted. This was a case where the administration was at a disadvantage. IEEPA does not refer to tariffs, and tariffs are a big deal under the Constitution. It's a critical form of revenue that is left to Congress. And I thought that the administration did a terrific job in front of the Supreme Court. They could not have argued this case better, in my view. But you can’t really escape that language. And right out of the bat, when that oral argument began, Chief Justice John Roberts said this is a tax. You could almost hear the administration gulping because that’s not what they wanted the justices to take from their argument. But Roberts and others clearly view this as a tax that rests with Congress. Now, there is a lot of runway still for the administration. We have to really get into this opinion, into some of the weeds to see if it is perspective only, but also the administration has other tools in its toolbox. It can actually impose tariffs under other statutes. So this night is hardly over for the administration when it comes to tariffs."