Podcast Summary
What A Day
Episode: Is Trump About To Lose His Trade War?
Date: November 6, 2025
Host: Todd Zwillich (in for Jane Coaston)

Episode Overview

This episode explores the far-reaching effects and legal challenges of former President Donald Trump's tariff policies, which are currently under intense scrutiny at the Supreme Court. The discussion delves into the constitutional debates over presidential powers to impose tariffs, the economic consequences for ordinary Americans, and how these issues intertwine with recent political developments, including the ongoing government shutdown and Republican electoral losses. Oregon Attorney General Dan Rayfield appears as a key guest to break down his state’s lawsuit against the administration’s use of emergency powers for setting tariffs.

Supreme Court Showdown: Can Trump Set Tariffs Unilaterally?

Key Segment: 00:45–03:55

• The episode opens with a recap of election fallout among Republican leadership, then pivots to the main story: Supreme Court oral arguments on Trump’s use of the International Emergency Economic Powers Act (IEEPA) to unilaterally set tariffs.

• Even Supreme Court Justices commonly aligned with Trump, like Neil Gorsuch, expressed skepticism about the administration’s sweeping approach.

  • Notable Quote:
    Neil Gorsuch [01:59]:
    “If that's true, what would prohibit Congress from just abdicating all responsibility to regulate foreign commerce, for that matter, declare war to the president?”

• Justice Sonia Sotomayor cut sharply to the constitutional core:

  • Notable Quote:
    Sonia Sotomayor [02:38]:
    “It's not an article. It's a congressional power, not a presidential power to tax. And you want to say tariffs are not taxes, but that's exactly what they are.”

Markets, Mayhem, & Political Fallout

Key Segment: 03:18–08:16

• Trump’s unpredictable tariff strategy—imposed and revoked seemingly on a whim—has led to instability in markets and higher costs for consumers.

  • Don Bacon (NE Republican) summarized:
    [03:18] “The tariff strategy has been a lot of terrorists on and off again, and it's been very unpredictable. And I think our economy has had instability because of this. The average person... [has] not seen an improvement.”

• Oregon is among several states suing over these tariffs, arguing they violate both statute and economic common sense.

Dan Rayfield Interview: What’s Really At Stake?

Key Segment: 03:56–13:30

Origins and Basics of the Case

• Rayfield argues that using IEEPA for tariffs is unprecedented and runs contrary to the constitutional allocation of taxing power to Congress.
  • [04:21] “In the history of IEEPA, this emergency power no president has ever used used it to set tariffs. And there's a reason for that... Congress has given some of that power to the president. And they created these specific statutes to do that. And they created safeguards… so our prices don't go up.”

Supreme Court Caution

• Justice Gorsuch’s concerns about non-delegation of power stood out, with Rayfield characterizing the moment as a direct challenge to the Trump lawyers’ expansive interpretation.
  • [05:54] “It was a very heavy moment... Gorsuch really stress testing that with Trump's attorneys. And I think their answers were wholly inadequate. We're effectively saying, yeah, they can give us all this power. What are you going to do about it?”

Textualist View: Amy Coney Barrett

• Rayfield on arguments with textualist Justices such as Barrett:

  • [07:16] "No Congress has ever used this term regulate to ever mean tariffs in the way that the President is currently using... Their own estimates, right? 30 to 80%. Let's just give them 25%. That's $1 trillion of American taxpayer dollars that is being raised, taken out of our pockets, being put in the treasury without a vote of Congress. Wild that what's going on right now.”

  • He recounts a direct exchange with Treasury Secretary Scott Besant, who was “bragging” about the revenue from tariffs.

    • [09:32] Rayfield to Besant:
      “That's our money. That's Americans money. That's coming into your treasury without a vote of Congress.”

If the Court Sides Against Trump

• Rayfield expects Trump to seek other legal/statutory avenues for imposing tariffs but emphasizes that only Congressional approval includes consumer safeguards.
  • [10:50] “If he wants to use them as Congress intended, go forth. He just isn't gonna be able... to jack up the tariffs on a whim’s notice or via a tweet.”

Economic & Political Backlash

• On the electoral and economic fallout:
  • [11:51] “The economic messaging that is resonating with America is this stuff is too darn expensive… The President has put us on [this course] and has only made things worse... it is a betrayal of [Trump’s] campaign promises.”

Fast Headlines

Key Segment: 15:56–21:03

Longest Government Shutdown in US History

• Trump addresses Senate Republicans, pushing to end the filibuster to break the governmental logjam. The Senate shows no appetite for this, even as Trump blames the shutdown for GOP election losses.
  • [17:10] Trump: “The shutdown was a big factor, negative for the Republicans... and they say that I wasn't on the ballot was the biggest factor. But I don't know about that. But I was honored that they said that.”
• Democrats demand real negotiations on ACA subsidies and ending the shutdown. No breakthroughs yet.

GOP Sues Over California’s Prop 50

• California Republicans file a federal lawsuit claiming the state’s new congressional map gives Hispanic voters too much power, using arguments Democrats previously leveled at GOP gerrymanders in Texas.

Fragile Truce: Israel & Hamas

• Body exchanges continue under a ceasefire, with both sides accusing one another of deal violations. Next phase of truce depends on complete hostage remains exchange.

Trump Goes Off Script

Key Segment: 21:03–22:10

• At a business forum, Trump rants about being indicted, as his case against former FBI director James Comey stalls.

  • [21:03] Trump:
    “I got indicted. I made a phone call. Congratulations on your victory. He made a phone call. Let's indict him. These people are the worst... Who the hell else could have taken that?”

• Comey's legal team says they’re being stonewalled; the judge orders prosecutors to hand over key evidence.

Notable Quotes & Memorable Moments

• Gorsuch’s Line of Demarcation [01:59]: Raises the fundamental question about congressional abdication of power.
• Sotomayor’s Blunt Assessment [02:38]: “Tariffs are taxes,” so should be Congress’ jurisdiction.
• Rayfield vs. Besant [09:32]: Direct courtroom clash over whether tariffs are a tax on Americans.
• Political Irony Highlighted [10:17]:
  Zwillich: “A Republican is bragging about how much money a tax is bringing into the treasury and a Democrat is saying, hey buddy, hands off. That's my money.”
• Public Sentiment [11:51]: Rayfield notes, “this stuff is too darn expensive” is the issue resonating with voters.

Timestamps for Major Segments

• 00:45 – Trump’s tariffs before SCOTUS: Legal questions open the program.
• 03:55 – Don Bacon and context: Tariff unpredictability and economic chaos.
• 03:56–13:30 – Dan Rayfield interview: Lawsuit details and constitutional questions.
• 15:56 – Headlines: Shutdown, filibuster, Prop 50 lawsuit, international news.
• 21:03 – Trump’s off-script rant and Comey trial update.

Tone & Style

The episode is brisk, wry, and sharp—mirroring the “no hype, no fake outrage” ethos of What A Day. The host and guests engage in substantive, sometimes sardonic exchanges, with a lively back-and-forth and pointed asides about the political ironies of the moment.

Summary for New Listeners

This episode provides a critical snapshot of a consequential legal, economic, and political conflict over Trump’s tariff war. It highlights the constitutional stakes at the Supreme Court, the ground-level economic pain felt by Americans, and the electoral repercussions for both parties. With expert analysis, first-hand courtroom observations, and a lively style, “What A Day” distills the big questions of presidential power and the price of unpredictability—making sense of a high-stakes legal and political moment in under 20 minutes.