The tariff case puts the US Supreme Court’s conservatives in a bind
The looming Supreme Court showdown over President Donald Trump’s tariffs amounts to an epic clash between two of the most deeply ingrained tenets of the conservative legal movement.
The first is that presidents need and are entitled to extreme deference on matters of national security and foreign policy. That precept suggests the six conservative justices may be willing to uphold Trump’s unprecedented move to bypass Congress and unilaterally impose sweeping global tariffs.
On the other hand, an indisputable hallmark of the Roberts court is a deep mistrust for government meddling in the free market. That ideological predilection, which has fueled a slew of pro-business, anti-regulatory rulings, could prompt the court’s conservatives to view Trump’s tariffs more skeptically than they view many of his other, non-economic policies.
“I think that some of the justices that matter are going to feel a bit torn,” said Jonathan Adler, a professor at William and Mary Law School. “What’s intere..