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 Kagan says Trump wants unlimited tariff authority for presidents

Justice Elena Kagan questioned why presidents would ever use statutes that specifically allow for tariffs in particular circumstances if President Trump is right that the International Emergency Economic Powers Act gives presidents the ability to “blow past those limits.”

Solicitor General John Sauer said the International Emergency Economic Powers Act has its own constraints, including that there has to be an emergency.

Kagan noted that the administration argues that courts can’t review a president’s emergency declaration.

“So that doesn’t seem like much of a constraint,” she said.