U.S. Supreme Court Associate Justice Amy Coney Barrett speaks at the Ronald Reagan Presidential Library Foundation in Simi Valley, Calif., April 4, 2022. (AP)
Sauer noted one other trade law that had served as a precursor to the emergency law in question, but Barrett appeared unconvinced, repeating her question as Sauer failed to offer direct responses.
Justice Sonia Sotomayor, an Obama appointee, interjected, asking Sauer to "just answer the justice’s question."
Sotomayor at one point noted that no president has ever used the emergency law, known as the International Emergency Economic Powers Act, to impose tariffs, though Sauer argued that President Richard Nixon’s tariffs were used that way even if the IEEPA did not exist at that stage.
"It's a congressional power, not a presidential power to tax," Sotomayor said. "And you want to say tariffs are not taxes. But that's exactly what they are. They're generating money from American citizens, revenue."
The liberal justice noted that Congress has always used the phrase "regulate and tax" together, suggesting that the absence of any mention of tariffs or taxes in a law's language was deliberate and that Congress purposely did not grant that power to the president.
"Are you telling us that, with respect to its use of ‘regulate’ in other statutes, the taxing reference is superfluous? They didn’t need to do that?" Sotomayor asked.
TRUMP ASKS SUPREME COURT FOR URGENT RULING ON TARIFF POWERS AS 'STAKES COULD NOT BE HIGHER'
Multiple lower courts struck down the IEEPA-based tariffs implemented by Trump. (Getty Images)
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In addition to the liberal justices and Barrett, other Republican-appointed justices conveyed skepticism, including Chief Justice John Roberts, who questioned how far presidential emergency powers go under the law.
"The exercise of the power is to impose tariffs, and the statute doesn’t use the word tariffs," Roberts said.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/barrett-sotomayor-tag-team-interrogation-trump-lawyer-tariff-powers