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Cato Podcast

The Supreme Court’s $300 Billion Tariff Showdown

Cato Podcast

Cato Institute

Politics, Unknown, News Commentary, 424708, Libertarian, Markets, Cato, News, Immigration, Peace, Policy, Government, Defense

4.6949 Ratings

🗓️ 11 November 2025

⏱️ 39 minutes

🧾️ Download transcript

Summary

Can a president tax Americans at will under the guise of a national emergency? The Cato Institute's Scott Lincicome and Brent Skorup dissect the high-stakes Supreme Court battle over Trump’s “fentanyl tariffs,” the broadest assertion of trade power in modern U.S. history. They explore how the case could reshape executive authority, revive dormant constitutional doctrines, and determine whether Congress or the White House truly controls U.S. trade policy.


Show Notes:

https://www.cato.org/blog/emergency-tariff-refunds-theres-easy-way-very-hard-way

https://www.cato.org/blog/why-three-cato-trade-scholars-filed-amicus-brief-us-supreme-court

https://www.cato.org/commentary/striking-down-tariffs-wont-hurt-anybody

https://www.cato.org/legal-briefs/trump-v-vos-selections-learning-resources-v-trump


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Transcript

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0:00.0

Hello again, everyone.

0:05.9

Welcome to the Cato Institute podcast.

0:08.3

My name is Scott Linsicum, Vice President of General Economics and Trade here at Cato.

0:13.9

And I'm Brent Scorup.

0:14.9

I'm the legal fellow at the Center for Constitutional Studies at Cato.

0:18.6

And Brent and I are here right off the heels of the Supreme Court oral arguments in the big

0:26.5

tariff cases that just happened earlier today.

0:31.6

And we are going to dig into those cases.

0:35.0

And I'm going to ask Brent a bunch of questions about them.

0:38.7

But before we get to that, I think it's probably first best for me to set the table as to what the heck has

0:44.7

happened over the last seven months, why this is a pretty radical shift in policy, and how

0:50.7

it ended up at the Supreme Court. So with that, I think the best place to start is in January with President Trump's election

1:00.2

and entry into back into the Oval Office shortly after Trump took over.

1:05.0

He instituted emergency tariffs on imports from Canada, Mexico, and China after declaring a national emergency

1:17.3

with respect to fentanyl, alleging that those tariffs were needed to get those countries

1:24.0

to cooperate more in stemming the cross-border flow of fentanyl into the United States,

1:28.6

which was causing a public health emergency, so they claimed. That was an unprecedented use

1:35.0

of the law at issue, the International Economic Powers Act, or IEPA, which had never been used

1:41.2

before to impose tariffs. And quite frankly, that trade dorks like me were not expecting.

1:47.3

We were expecting other tariff laws because there are a bunch of them.

1:50.5

We've written papers about them.

1:53.3

Aipa was a long shot and one that we thought was not going to be used unlike all those other tariff laws.

...

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