“Trump should go to Congress”: Indian-born lawyer Neal Katyal talks about 15% global tariff increase

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Katyal said in a post on

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“It seems difficult for the President to rely on the 15% statute (Section 122) because the Department of Justice made the opposite opinion to the court in our case: “Nor [122] With any obvious application here, the concerns the president noted when declaring the emergency stemmed from trade deficits, which are conceptually different from balance of payments deficits. “If he wants sweeping tariffs, he should do what America does and go to Congress. If his tariffs are a good idea, he should have no problem convincing Congress. That’s what our Constitution requires,” he wrote in the post.

This comes after the Supreme Court made a landmark ruling overturning most of Trump’s previous tariffs imposed under the International Emergency Economic Powers Act (IEEPA) of 1977, arguing that the government had overstepped its authority and that taxation power mainly belongs to Congress.

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Within hours of the ruling, Trump lashed out at the judges, calling them “fools and stooges” and claiming the court was influenced by foreign interests. He also announced a new 10% global tariff under Article 122, later raising it to 15%, calling it a “fully permissible and legally tested” level with immediate effect, news agencies reported.

(Based on input from each agency)