NRI PULSE STAFF REPORT
Washington, DC, November 4, 2025: Attorney Neal Katyal will appear before the U.S. Supreme Court on Wednesday, November 5, to challenge President Donald Trump’s use of emergency powers to impose sweeping tariffs — a case that could redefine the limits of presidential authority over trade policy.
At issue is Trump’s reliance on the International Emergency Economic Powers Act (IEEPA) to levy broad import tariffs without congressional approval. Katyal, representing a coalition of private businesses, is expected to argue that the law was never intended to grant presidents unilateral power over trade, which the Constitution assigns to Congress under its authority to regulate commerce.
According to filings, the challengers contend that allowing the executive branch to act without congressional oversight on economic matters would undermine the separation of powers envisioned by the framers.
The Trump administration is defending the legality of the tariffs, maintaining that IEEPA gives presidents necessary flexibility to respond to global economic threats. The justices are expected to examine whether the law has been stretched beyond its intended scope and whether the Court should impose new limits on presidential discretion in matters of trade and national security.
Katyal’s participation underscores the high stakes of the case. A former Acting Solicitor General under President Barack Obama and now a partner at Milbank LLP, Katyal has argued more than 50 cases before the Supreme Court. He also serves as a professor at Georgetown University Law Center and is widely regarded as one of the country’s leading constitutional litigators.
Born in Chicago to Indian immigrant parents, Katyal has built a distinguished career defending constitutional principles and the rule of law. His past Supreme Court work includes Hamdan v. Rumsfeld (2006), the landmark case that struck down military tribunals at Guantánamo Bay, and numerous cases involving executive power and voting rights.
Legal experts say the outcome of the tariffs case could have far-reaching implications. A ruling against the government could restrict presidential use of emergency powers for economic measures, shifting greater control of trade policy back to Congress. A ruling upholding the tariffs, however, would reinforce the broad executive authority that presidents of both parties have increasingly exercised in global trade matters.
The Court’s decision, expected later this term, will not only determine the fate of Trump’s tariffs but could also set a lasting precedent on the reach of presidential power in economic emergencies.
Image credit: Christopher Michel/Wikipedia.
