Trump’s Tariffs Face a Challenge in the Courts
INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.
Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Thomas Berry.
On a recent episode of the nationally syndicated Price of Business show, host Kevin Price sat down with Thomas Berry, director of the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor-in-chief of the Cato Supreme Court Review.
Berry discussed a major case now winding its way through the courts — V.O.S. Selections, Inc. v. Trump — that could redefine the limits of presidential power on trade policy.
At the center of the dispute is the International Emergency Economic Powers Act (IEEPA), a law designed to give the president broad authority to address unusual and extraordinary threats to national security, foreign policy, or the economy. But in this case, President Trump used the law to justify imposing certain tariffs — a move the Cato Institute argues goes beyond the statute’s legal scope.
The Cato Institute has filed an amicus brief urging the courts to strike down this use of IEEPA. Berry explained that allowing a president to use emergency economic powers to set tariffs — traditionally the domain of Congress — risks upsetting the constitutional balance of power.
“IEEPA was never meant to be a blank check for presidents to bypass Congress on trade policy,” Berry emphasized. “If this interpretation is allowed to stand, it would set a dangerous precedent where ‘emergency’ authority could be used as a loophole to reshape economic policy without legislative approval.”
The case raises fundamental constitutional questions: Who truly controls U.S. trade policy — Congress or the President? And what counts as a legitimate “emergency” under the law?
Berry’s insights highlight the broader stakes: beyond one administration or one tariff policy, the outcome could either reinforce or erode the separation of powers that underpins American governance.
As this legal battle unfolds, it’s attracting attention from constitutional scholars, economists, and policymakers alike. Win or lose, the decision in V.O.S. Selections, Inc. v. Trump could have lasting consequences for how the United States balances executive power with legislative oversight in matters of trade.
For more about Thomas Berry’s work and the Cato Institute’s position, visit:
Thomas Berry – Cato Institute
Cato Amicus Brief in V.O.S. Selections, Inc. v. Trump
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