Christopher Swift on SCOTUS Tariff Case – 'Broad Constitutional Consequences'

Foley & Lardner LLP partner Christopher Swift commented on the U.S. Supreme Court’s consideration of the executive branch’s authority to impose tariffs in the Supply Chain Dive article, “White House asks Supreme Court to uphold Trump’s tariff powers.”

Swift, co-chair of Foley’s International Trade & National Security Practice, said that a ruling in the administration’s favor could have significant repercussions.

“This case has broad constitutional consequences, not just economic ones,” he continued. “If the Supreme Court determines that the president can use [the International Emergency Economic Powers Act] to impose tariffs, then it will be the first time in U.S. history that a president would have the ability to impose a tax without prior Congressional approval.”

“That would be a profound – and potentially destabilizing – change in how the courts approach executive power,” Swift added.