On Nov. 5, the U.S. Supreme Court will hear one of the most consequential trade cases in decades. The justices will decide whether a president can rely on a Cold War–era emergency law, the International Emergency Economic Powers Act, to impose sweeping import duties on a vast share of what the United States buys from abroad.
At stake is more than the scope of presidential power. The case highlights a deeper question of accountability: Who should decide what Americans pay for imported goods – the president acting alone, unelected judges reading emergency laws broadly, or the elected representatives who must face voters when prices rise?
When tariffs end up in court, it’s usually because Congress has failed to act. Over the past few decades, lawmakers have ceded much of their trade authority to presidents eager to move quickly – and the courts have been left to clean up the mess. Each new lawsuit makes it seem as though judges are running the economy when, in fact, they’re being pulled into policy questions they’re neither trained nor elected to answer.
