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The Supreme Court heard oral arguments this week in a case challenging President Donald Trump’s tariffs, with plaintiffs arguing that his unilateral levies on imported goods violate the Constitution, which grants Congress the power to impose taxes and regulate foreign commerce. The Trump administration has justified his unprecedented use of tariffs under a 1977 law known as the International Emergency Economic Powers Act, but several justices seemed highly skeptical of that argument, potentially putting President Trump’s signature economic policy at risk.

“There is no genuine emergency. There is no war that is the precipitating basis for invoking IEEPA. And even if it were, it would not allow the imposition of tariffs,” says legal expert Lisa Graves, founder of True North Research and co-host of the podcast Legal AF.

Graves also discusses her new book, Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote the Constitution and Dismantled Our Rights.

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: This is Democracy Now!, democracynow.org. I’m Amy Goodman.

We’re staying on the subject of the Supreme Court but now turning to a major case before the court on President Trump’s authority to impose sweeping tariffs on foreign goods. The court heard oral arguments on Wednesday. Solicitor General John Sauer argued President Trump has the power to unilaterally impose the tariffs under a 1977 law known as the International Emergency Economic Powers Act, or IEEPA, which grants the president the authority to regulate commerce during wartime or other national emergencies. This is the solicitor general arguing.

JOHN SAUER: I want to make a very important distinction here. We don’t contend that what’s being exercised here is the power to tax. It’s the power to regulate foreign commerce. These are regulatory tariffs. They are not revenue-raising tariffs. The fact that they raise revenue is only incidental. The tariffs would be most effective, so to speak, if no — no — no person ever paid them.

AMY GOODMAN: Challenging the policy in the case is a group of small businesses. This is the plaintiffs’ attorney and former solicitor general, Neal Katyal, speaking outside the court.

NEAL KATYAL: Our message today is simple: The Constitution, our framers, 238 years of American history all say only Congress has the power to impose tariffs on the American people. And tariffs are nothing but taxes on the American people, paid by Americans. This case is not about the president; it’s about the presidency. It’s not about partisanship; it’s about principle. And above all, it’s about upholding the majestic separation of powers laced into our Constitution that is the foundation for our government. We thank the justices today for their extensive questioning in this case, and we look forward to the resolution.

AMY GOODMAN: The case has moved quickly through the federal courts. The court has heard roughly two dozen emergency appeals by the Trump administration, which the conservative majority has largely allowed Trump’s aggressive agenda to go forward. But this is the first time the court will make a final decision on one of those policies. On Wednesday, the justices, including conservative justices, appeared skeptical of the government’s argument. This is Chief Justice John Roberts.

CHIEF JUSTICE JOHN ROBERTS: You have a claim source, an IEEPA, that had never before been used to justify tariffs. No one has argued that it does until this, this particular case. Congress uses tariffs and other provisions, but — but not here. And yet — and correct me on this if I’m not right about it — the justification is being used for a power to impose tariffs on any product, from any country, for — in any amount, for any length of time. That seems like — I’m not suggesting it’s not there, but it does seem like that’s major authority, and the basis for the claim seems to be a misfit.

AMY GOODMAN: For more on tariffs and the Supreme Court, we’re joined by Lisa Graves. She is the director and founder of the policy research group True North Research. Her new book is titled Without Precedent: How Chief Justice Roberts and His Accomplices Rewrote the Constitution and Dismantled Our Rights. She’s also the former deputy assistant attorney general. And she’s joining us now from Superior,........

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