Katyal to Present Supreme Court Trump Tariff Case After Coin Toss
Small businesses are enlisting the expertise of litigator Neal Katyal to argue against the legality of President Donald Trump’s tariffs at the Supreme Court. This pivotal case, rooted in significant economic implications, is scheduled for oral arguments on November 5.
Supreme Court Hearing on Trump Tariffs
A coalition of small businesses is challenging the tariffs through two separate lawsuits. They agreed to have Katyal represent them after a coin toss determined his selection as the advocate for private parties. This decision underscores the importance of the upcoming arguments, which could influence trillions of dollars in international commerce.
Background on Neal Katyal
- Neal Katyal is a partner at Milbank.
- He previously served as the acting solicitor general during the Obama administration.
- Katyal has argued over 50 cases at the Supreme Court, focusing primarily on business interests.
Rick Woldenberg, CEO of Learning Resources Inc., an Illinois-based educational product company, expressed his appreciation for Katyal’s representation. Woldenberg stated, “We are honored to be represented by Neal at this important moment in the case and are putting all our energy into preparing for the hearing.”
Legal Context of the Tariffs
The legal conflict centers on Trump’s use of tariffs, notably the ones established on April 2, known as “Liberation Day” tariffs. The President asserts these tariffs fall under the purview of the 1977 International Emergency Economic Powers Act (IEEPA). This law grants the President the authority to respond to national security and foreign policy emergencies, but its interpretation is contested.
Arguments Against the Tariffs
Katyal and the team representing V.O.S. Selections Inc., a wine and liquor distributor that is leading one of the challenges, argue that Trump’s tariffs represent an “overreach of power.” They emphasize that the IEEPA does not explicitly mention tariffs and that no previous president has used the law for this purpose.
Katyal stated in an October 20 brief, “Yet the statute the President invokes, the International Emergency Economic Powers Act (IEEPA), never mentions tariffs.”
Upcoming Oral Arguments
During the proceedings, both the private parties and the Democratic-led states will have 20 minutes to present their cases. However, it is common for argument durations to extend significantly during major cases. The role of the Solicitor General, John Sauer, remains uncertain regarding his participation on behalf of the government in this pivotal case.
