'You Do!' Gorsuch Calls Out Trump Lawyer For Arguing Congress 'Can Hand Off' Power to Declare War to President [View all]

Source: MEDIAite

Nov 5th, 2025, 1:16 pm


Supreme Court Justice Neil Gorsuch, who was nominated by President Donald Trump, battled Solicitor General D. John Sauer on Wednesday over the limits of executive power while hearing a case on the legality of Trump’s sweeping tariffs. Sauer argued against lower court rulings that shot down Trump’s use of emergency powers under the International Emergency Economic Powers Act (IEEPA) to levy sweeping tariffs on foreign countries – a power solely granted to Congress in the Constitution.

Gorsuch asked Sauer, “General, just a few questions following up on the major questions, discussions you’ve had. You say that we shouldn’t be so concerned in the area of foreign affairs because of the president’s inherent powers. That’s the gist of it, as I understand it, why we should disregard both major questions and non-delegation. So could Congress delegate to the president the power to regulate commerce with foreign nations as he sees fit? To lay and collect duties as he sees fit?”

“We don’t assert that here. That would be a much harder case now. In 1790–” Sauer replied as Gorsuch cut in, “Isn’t that the logic of your view, though?” Sauer replied, “I don’t think so, because we’re dealing with a statute that was a carefully crafted compromise. It does have all the limitations that I just talked about.”

Gorsuch pushed back, “You’re saying we shouldn’t look, we shouldn’t be concerned with—I want you to explain to me how you draw the line because you say we shouldn’t be concerned because this is foreign affairs and the president has inherent authority and so delegation is off the books, more or less. If that’s true, what would prohibit Congress from just abdicating all responsibility to regulate foreign commerce, or for that matter, declare war to the President?”

Read more: https://www.mediaite.com/politics/you-do-gorsuch-calls-out-trump-lawyer-for-arguing-congress-can-hand-off-power-to-declare-war-to-president/