On the Ballot

How the Supreme Court’s Tariffs Case Could Redefine Presidential Power and Trade w/ Brennan Center’s Liza Goitein


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On this episode: The Supreme Court is considering a major separation-of-powers case that could redefine the limits of presidential authority during national emergencies, and help define what exactly constitutes a national emergency. Learning Resources v. Trump challenges President Trump’s use of the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on nearly every U.S. trading partner — tariffs justified largely by declaring a series of national emergencies.

At issue is whether the law gives the president the power to impose tariffs without explicit congressional approval, and how far courts can go in reviewing those emergency declarations. Elizabeth ‘Liza’ Goitein, senior director of the Brennan Center’s Liberty and National Security Program, explains the oral arguments made on November 5th, how their eventual decision could affect Trump’s signature policy and future presidents, and what the ruling might mean for the balance of power between Congress and the Executive Branch.

  • Learn more about the case: https://ballotpedia.org/Learning_Resources,_Inc._v._Trump 
  • Read Liza’s analysis: https://www.brennancenter.org/our-work/analysis-opinion/whats-stake-supreme-court-tariffs-case 


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Stream "On the Ballot" on Spotify or wherever you listen to podcasts. If you have questions, comments, or love for BP, feel free to reach out at [email protected] or on X (formerly Twitter) @Ballotpedia.

*On The Ballot is a conversational podcast featuring interviews with guests across the political spectrum. The views and opinions expressed by them are solely their own and are not representative of the views of the host or Ballotpedia as a whole.

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