The Supreme Court is set to hear arguments on Wednesday about the constitutionality of President Trump's sweeping tariff policies. CBS News' Rebecca Roiphe has more.

Washington

The Supreme Court is considering whether President Trump was authorized to impose sweeping tariffs on foreign countries under the International Emergency Economic Powers Act. The justices will decide if a trade deficit qualifies as an "unusual and extraordinary threat," which would allow the president to regulate imports without explicit congressional approval.

Legal experts note that the Act has historically been used for national security measures, not for broad economic policy like tariffs. If the Court rules against the administration, existing tariffs could become unenforceable and Congress would need to pass new legislation to reauthorize or replace them.

Supreme Court hearing arguments on Trump's tariffs

Today, the Supreme Court will hear arguments on President Trump's sweeping tariff policies. Justices will decide whether the International Emergency Economic Powers Act really gives the President the authority to impose steep levies on countries around the world. Yesterday, Mr. Trump called this case, quote, life or death for our country, saying that without tariffs, the U.S. is, quote, virtually defenseless. CBS News Legal Contributor Rebecca Roife joins us now to explain how this might hit all of us. Good morning, Rebecca. You know, the President, as he frames his tariffs, he says it's about protecting America's economy. But explain the arguments against how the President implemented his tariffs. Good morning, Errol. It's nice to see you. Yeah, so the question is about that act that you mentioned and whether or not it authorizes tariffs because taxes and levies are normally something that is left for Congress to decide. And so this act suggests that if the President declares certain kinds of emergencies, which it calls an unusual and extraordinary threat, then the President is allowed to investigate, prohibit, or regulate certain imports. And the question is whether or not that language, first of all, whether or not a trade deficit counts as an emergency, an unusual, an extraordinary threat. And then the second question is if it does, does that statute, which has historically been used to freeze certain terrorist assets or to prevent certain kinds of transactions with known dangerous groups, whether that, which has never been used to broadly regulate the imports like tariffs, could authorize those tariffs. Now, some of his language is, of course, overblown because if he's not able to do this under this act, then Congress can, of course, step in and authorize the tariffs itself. That's a very good point. So let's take the scenario the other way. If the court rules that a deficit does not count as a threat, they rule against Trump, what happens then? Would the administration have to refund tariff revenues? What impact could that have on business? Yes, I mean, it could have a very serious impact. There would certainly, at least immediately, those tariffs would become unenforceable or you would have to take them back. And then Congress could step in to reauthorize these tariffs or to authorize different tariffs if it chose to do so, but it would have to do so explicitly through a statute. All right, Rebecca Roife with more on this really interesting case. We'll watch it closely. Thanks for being with us. Thank you.

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