Today, Explained - Episode: Trump’s Emergency Powers Grab
Release Date: May 14, 2025
Hosts: Noel King and Ian Millhiser
Introduction to the Tariff Legal Battle (00:02 - 02:05)
The episode opens with Noel King highlighting the widespread impact of President Trump's emergency declarations, particularly focusing on undocumented immigrants and small business owners. Notable businesses like VOS Selections, a wine importer, and Dan Pastore, a fishing gear seller, are suing President Trump. They argue that his unilateral imposition of tariffs, justified by declaring a national emergency, has adversely affected their operations.
Notable Quote:
Ian Millhiser (02:04): "It is possibly the biggest self-inflicted economic blow that the United States has done to itself in my lifetime."
Understanding the Legal Challenge (02:05 - 08:07)
Ian Millhiser delves into the specifics of the lawsuit filed by VOS Selections and other small businesses against President Trump. The plaintiffs contend that the tariffs imposed under the International Emergency Economic Powers Act (IEEPA) are illegal because the declared emergency does not meet the criteria of being an "unusual and extraordinary threat."
Key Points:
- Court Involved: US Court of International Trade.
- Statute in Question: International Emergency Economic Powers Act (IEEPA).
- Government’s Defense: Claims the issue is a "political question," arguing that only the executive branch can determine the existence of an emergency.
Notable Quote:
Ian Millhiser (05:22): "Trade deficits aren't really an unusual thing. I have a trade deficit with the grocery store. I buy more stuff from them than, you know, then I sell."
Judicial Perspectives and Potential Outcomes (08:07 - 13:42)
The discussion shifts to the demeanor and stance of the three bipartisan judges hearing the case. Millhiser expresses optimism that the court may strike down the tariffs, citing skepticism from the judges towards the necessity of the emergency declaration for such tariffs.
Possible Outcomes Explored:
- Tariffs Upheld: If the tariffs are upheld, they could remain unless a higher court intervenes.
- Selective Strike Down: Judges might invalidate specific tariffs, though this may offer only temporary relief.
- Supreme Court Intervention: Likely escalation to the Supreme Court, given the expertise required for such trade disputes.
Notable Quote:
Ian Millhiser (09:44): "There's a difference between the strike zone at the knees or slightly below."
President Trump's Frequent Use of Emergency Declarations (13:42 - 24:50)
Noel King introduces Elizabeth Goytin from the Brennan Center, who provides an in-depth analysis of President Trump’s extensive use of national emergency declarations—eight in his first 100 days. These declarations span various issues, including immigration, energy, sanctions on the International Criminal Court, and imposing tariffs on multiple countries.
Key Insights from Elizabeth Goytin:
- Historical Context: The National Emergencies Act of 1976 was established to regulate emergency declarations, but loopholes remain.
- Congressional Limitations: Previously, Congress could terminate emergencies via legislative vetoes, which were deemed unconstitutional in 1983, leaving termination to difficult supermajority votes.
- Potential for Abuse: The breadth of the IEEPA and other statutes grant the president significant powers, some of which could be misused in authoritarian ways.
- Legislative Reforms Needed: Goytin advocates for Congress to reform the process, adding safeguards and limiting presidential authority to prevent overreach.
Notable Quotes:
Elizabeth Goytin (16:40): "A national emergency declaration is an extraordinarily powerful thing. It unlocks enhanced powers that are contained in 150 different provisions of law."
Noel King (24:48): "Is it possible that Congress made a mistake in assuming that every American president would be like the guy who came before?"
Elizabeth Goytin (24:49): "Yes. That's the one."
Implications for Future Presidential Actions (24:50 - 26:40)
The conversation concludes with reflections on the potential long-term implications of Trump’s approach to emergency powers. There is concern that if courts begin to scrutinize the President's declarations more rigorously, it could set a precedent affecting future administrations. Goytin emphasizes the need for legislative action to prevent unchecked use of emergency powers, ensuring they are reserved for genuine crises.
Notable Quote:
Elizabeth Goytin (25:57): "It is time, past time for a reckoning for Congress to not only reform the process of national emergency declarations and the termination of those declarations, but also to look at some of these individual powers like the Communications Act."
Conclusion
The episode "Trump’s Emergency Powers Grab" provides a comprehensive examination of President Trump's utilization of emergency declarations to impose tariffs, the ensuing legal battles faced by small businesses, and the broader implications for presidential authority. Through expert insights and detailed analysis, Noel King and Ian Millhiser shed light on the complexities of emergency powers and the urgent need for legislative reforms to safeguard against potential abuses.
Produced by:
Amanda Llewellyn and Hadi Mwogdi
Edited by:
Jolie Meyers
Engineered by:
Andrea Christensdott and Patrick Boyd
Fact-Checked by:
Laura Bullard