Two Balls, One Court

The Hole Story: Trump’s Tariffs and the “Donut Hole” theory that could rewrite presidential power


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In one of the biggest cases of the Supreme Court term, the justices are weighing President Trump’s sweeping global tariffs and the future of presidential power in trade policy.

At issue is whether Trump can continue relying on the International Emergency Economic Powers Act (IEEPA) to impose tariffs without congressional approval. 

The core constitutional question: Are tariffs a “tax,” which fall under Congress’ Article I powers — or, as a key foreign policy tool, are they best left to the President under Article II of the U.S. Constitution? The Court’s answer will determine not only the fate of Trump’s tariff policies but also the boundaries of presidential power for years to come. 

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Two Balls, One CourtBy John Ball

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