With tariff case, retired judges say SCOTUS could give Trump ‘tyrannical powers’

WASHINGTON (CN) — Nearly three dozen former federal judges issued a stark warning to the Supreme Court on Friday, cautioning that the justices’ approval of President Donald Trump’s unilateral global tariff war could usher in tyranny in the White House.

“For this court to rule that the president alone can exercise unlimited legislative powers without judicial review of a determination that a national emergency exists would give the president tyrannical powers,” the judges wrote.

The high court will hear arguments next month over Trump’s use of the International Emergency Economic Powers Act to levy sweeping global tariffs without congressional authorization. Thirty-one retired judges nominated by Democrats and Republicans joined a brief pushing the justices to reject Trump’s claim over legislative authority.

Quoting Alexander Hamilton, the judges warned, “The accumulation of all powers, legislative, executive and judiciary, in the same hands … may justly be pronounced the very definition of tyranny.”

Article I of the Constitution gives Congress the power to regulate commerce with foreign nations. And yet Trump says the International Emergency Economic Powers Act or IEEPA gives the executive branch authority to utilize tariffs during a national emergency. He also claims that the judicial branch can’t review his decision.

In April, Trump issued an edict, implementing across the board “reciprocal” tariffs to counter trade deficits. He subjected some countries to higher rates based on supposed connections to drug trafficking.

The judges said IEEPA allows for no such thing. They said Trump’s actions demonstrate a belief that he can do whatever he wants when it comes to tariffs.

“We respectfully submit that this is not the law,” the judges wrote. “Under our Constitution and its careful allocation and separation of powers, Congress cannot hand its tariff-setting authority over to the president lock, stock, and barrel, allowing him to aim it whenever, wherever and however he pleases.”

The judges said allowing Trump to block judicial review of such actions interfered with the core responsibility of courts, especially the Supreme Court’s authority laid out in Marbury v. Madison .

“Giving the president the unreviewable authority to decide whether he may exercise emergency powers would be antithetical to the balance of powers that our founders established as the bedrock of the Constitution,” the judges wrote.

On Friday morning, Trump went on a tirade about a TV advertisement pushing back against his tariffs.

“THE UNITED STATES IS WEALTHY, POWERFUL, AND NATIONALLY SECURE AGAIN, ALL BECAUSE OF TARIFFS! THE MOST IMPORTANT CASE EVER IS IN THE UNITED STATES SUPREME COURT. GOD BLESS AMERICA!!!” Trump wrote in a Truth Social post.

The advertisement — courtesy of the government of Ontario, Canada — quoted former U.S. President Ronald Reagan criticizing tariffs as harmful to American workers and consumers. Trump incorrectly claimed that the ad was fake and terminated trade negotiations with Canada.

“They only did this to interfere with the decision of the U.S. Supreme Court, and other courts,” Trump wrote in another post. “TARIFFS ARE VERY IMPORTANT TO THE NATIONAL SECURITY, AND ECONOMY, OF THE U.S.A. Based on their egregious behavior, ALL TRADE NEGOTIATIONS WITH CANADA ARE HEREBY TERMINATED. Thank you for your attention to this matter! President DJT.”

The Supreme Court will hear arguments in the case on Nov. 5.

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