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Donald Trump’s tariffs could soon be toast
Mint Bangalore
|November 07, 2025
Three justices—Samuel Alito, Brett Kavanaugh and Clarence Thomas—seemed keen to find a way to save Mr Trump's tariffs. Justice Kavanaugh noted Richard Nixon’s invocation of an earlier law to impose a 10% tariff in 1971 and a 1976 decision upholding import fees. Incol-loquy with Neal Katyal, the lawyer representing businesses opposed to the tariffs, Justice Alito mused that not all tariffs are designed to raise revenue. In his closing, Mr Sauer built on Justice Alito’s notion that tariffs are not taxes but “leverage” to coerce trading partners “to change their behaviour”.
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No sitting US president has attended an oral argument at the Supreme Court; a precedent Donald Trump chose not to break.
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