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Conservative justices sharply question Trump tariffs in high stakes hearing

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Donald Trump’s sweeping use of tariffs in the first nine months of his second term was sharply questioned during oral arguments before the Supreme Court on Wednesday.

Chief Justice John Roberts, and justices Amy Coney Barrett and Neil Gorsuch – three conservative jurists considered swing votes in this case – peppered US Solicitor General John Sauer, representing the president’s administration before the court.

They were joined by the court’s three liberal justices, who also expressed scepticism about whether federal law – and the US Constitution – give the president authority to unilaterally set tariff levels on foreign imports.

“The justification is being used for power to impose tariffs on any product from any country in any amount, for any length of time,” Roberts said.

If the court ruled for Trump in this case, Gorsuch wondered: “What would prohibit Congress from just abdicating all responsibility to regulate foreign commerce?”

He added that he was “struggling” to find a reason to buy Sauer’s arguments.

In a possible sign of case’s complexities, the hearing stretched almost three hours – far longer than the time formally allotted.

Arguing over ‘country-killing’ crises

The case centres around a 1977 law, the International Emergency Economic Powers Act (IEEPA), that Trump’s lawyers have said gives the president the power to impose tariffs. Although the Constitution specifically vests Congress with tariff authority, Trump has claimed that the legislature delegated “emergency” authority to him to bypass longer, established processes.

Sauer asserted that the nation faced unique crises – ones that were “country-killing and not sustainable” – that necessitated emergency action by the president. He warned that if Trump’s tariff powers were ruled illegal, it would expose the US to “ruthless trade retaliation” and lead to “ruinous economic and national security consequences”.

Trump first invoked IEEPA in February to tax goods from China, Mexico and Canada, saying drug trafficking from those countries constituted an emergency.

He deployed it again in April, ordering levies from 10% to 50% on goods from almost every country in the world. This time, he said the US trade deficit – where the US imports more than it exports – posed an “extraordinary and unusual threat”.

Those tariffs took hold in fits and starts this summer while the US pushed countries to strike “deals”.

Lawyers for the challenging states and private groups have contended that while the IEEPA gave the president power to regulate trade, it made no mention of the word “tariffs”.

Neil Katyal, making the case for the private businesses, said it was “implausible” that Congress “handed the president the power to overhaul the entire tariff system and the American economy in the process, allowing him to set and reset tariffs on any and every product from any and every country, at any and all times”.

He also challenged whether the issues cited by the White House, especially the trade deficit, represent the kind of emergencies the law envisioned.

Suppose America faced the threat of war from a “very powerful enemy”, Samuel Alito, another conservative justice, asked. “Could a president under this provision impose a tariff to stave off war?”

Katyal said that a president could impose an embargo or a quota, but a revenue-raising tariff was a step too far.

For Sauer, this was a false choice. Presidents, he said, have broad powers over national security and foreign policy – powers that the challengers want to infringe on.

Tariffs v taxes

A key question could be whether the court determines whether Trump’s tariffs are a tax.

Several justices pointed out that the power to tax – to raise revenue – is explicitly given to Congress in the Constitution.

Sauer’s reply was that Trump’s tariffs are a means of regulating trade and that any revenue generated is “only incidental”.

Of course, Trump himself has boasted about the billions his tariffs have generated so far and how essential this new stream of funding is to the federal government.

The justices spent very little time on questions about refunds or whether the president’s emergency declarations were warranted. Instead they spent most of their time examining the text of IEEPA and its history.

Sauer urged them to understand tariffs as a natural extension of other powers granted to the president under the law rather than a tax. “I can’t say it enough – it is a regulatory tariff, not a tax,” he said.

But that appeared to be a stumbling block for many of the justices.

“You want to say that tariffs are not taxes but that’s exactly what they are,” Justice Sotomayor said.

Many seemed persuaded by arguments from the business and states that tariffs, as a tax paid by US businesses, were fundamentally different from the other kinds of powers addressed by the law.

But not all.

Justice Kavanaugh expressed doubts on that point toward the end of the hearing, saying it didn’t seem to very “common sense” to give the president the power to block trade entirely, but not impose a 1% tariff, sugggesting it left a gap like a donut hole.

“It’s not a donut hole. It’s a different kind of pastry,” Gutman responded, drawing chuckles in the crowd.

What the court’s ruling could do

Treasury Secretary Scott Bessent, who attended the hearing, made no comment when asked by the BBC what he thought of the hearing. Secretary of Commerce Howard Lutnick, also in court, flashed a thumbs-up.

US Trade Envoy Jamieson Greer was in court, along with Minnesota Senator Amy Klobuchar, who said outside after arguments that she was “hopeful” based on the questions asked that the court would overturn the tariffs.

“I thought they were very good questions,” she said, describing tariffs as an “unconstitutional power grab” by the president.

The hearing drew a full audience, with press pushed into overflow seats behind columns.

If a majority of the Supreme Court rules in Trump’s favour, it will overturn the findings of three lower courts that already ruled against the administration.

The decision, no matter how it works out, has implications for an estimated $90bn worth of import taxes already paid – roughly half the tariff revenue the US collected this year through September, according to Wells Fargo analysts.

Trump officials have warned that sum could swell to $1tn if the court takes until June to rule.

During oral arguments, Barrett grappled with the question of reimbursing such revenue, wondering if it would be a “complete mess”.

Katyal responded by saying that small businesses might get refunds, but bigger companies would have to follow “administrative procedures”. He admitted that it was a “very complicated thing”.

In remarks on Wednesday, press secretary Karoline Leavett hinted that the administration already is looking at other ways to impose tariffs if the Supreme Court rules against them.

“The White House is always preparing for Plan B,” she said. “It would be imprudent of the president’s advisors not to prepare for such a situation.”

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America’s Iran Strategy in Disarray

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Paris (Imran Y. CHOUDHRY) :- Former Press Secretary to the President, Former Press Minister to the Embassy of Pakistan to France, Former MD, SRBC Mr. Qamar Bashir analysis : The United States’ confrontation with Iran has entered a dangerous and increasingly incoherent phase as after months of military action, diplomacy, renewed bombing and contradictory declarations from Washington, the central question remains unanswered: What, precisely, does the United States seek to achieve?
President Donald Trump had already warned that Iran would be hit hard. Yet, almost in the same breath, he indicated that he did not expect the wider war to restart, that any further action would end quickly and that negotiations involving Steve Witkoff and Jared Kushner could continue.
These are not merely variations in tone. They represent fundamentally different strategic paths: renewed diplomacy, limited punitive strikes, prolonged coercion, comprehensive military defeat or regime change.
A great power can keep its adversary guessing as a deliberate tactic. But unpredictability becomes dangerous when allies, markets, military commanders, diplomats and citizens cannot determine whether the ambiguity is calculated or whether policy itself is being improvised from one crisis to the next.
The original justification for military action centered on the assertion that Iran was approaching nuclear weapons capability and posed an urgent threat to Israel and the United States. However, Vice President J.D. Vance later suggested that Iran remained far from developing an immediate nuclear threat. Such a statement inevitably weakens the urgency that was invoked to justify the war. If the threat was not imminent, why was a large-scale attack necessary? If it was imminent, why has the conflict now narrowed primarily to tankers, tolls and freedom of navigation in the Strait of Hormuz?
The war’s declared goals have repeatedly shifted. Preventing nuclear weaponization was followed by demands to destroy missile and drone infrastructure. The contradiction became especially visible in Washington’s position on transit charges. Secretary of State Marco Rubio stated unequivocally that no country may impose tolls or fees on an international waterway.
President Trump later announced that the United States, acting as the “Guardian of the Hormuz Strait,” would charge a fee equal to 20 percent of the value of cargo moving through the waterway as compensation for American protection. He subsequently reversed that proposal and said Gulf states would instead provide trade and investment commitments to the United States.
The Memorandum of Understanding was supposed to create a pathway back from war. Iran claimed that Washington had breached the agreement through renewed sanctions, attacks in southern Iran and continued support for Israeli military action.
American officials accused Tehran of attacking commercial shipping and violating the spirit of the ceasefire. Rather than serving as a bridge toward a comprehensive settlement, the MOU became another contested document interpreted differently by each side.
The crisis also exposed major differences between Washington and Israel. Vice President Vance accused elements within the Israeli government of attempting to manipulate American public opinion and derail U.S.-Iran diplomacy. He argued that a well-funded influence campaign was designed to keep the war going and shift U.S. policy away from negotiation.
His remarks were extraordinary. Disagreements between American and Israeli governments are not unprecedented, but a sitting vice president publicly alleging that figures within an allied government were attempting to manipulate U.S. political judgment marked a profound rupture. Vance went even further by suggesting that, without Israeli influence, the United States might not have entered the conflict in the same manner.
This raises a question that can no longer be avoided: Is American policy toward Iran being determined primarily by the independent national interests of the United States, or is it being shaped by Israel’s separate strategic objective of permanently weakening Iran?
Israel may consider a fragmented, militarily devastated and politically unstable Iran advantageous because it would remove its strongest regional rival. But such an outcome would impose enormous costs on the United States, Europe and the wider Middle East. Iran is not a small or institutionally hollow state. It has nearly 95 million people, a substantial industrial base, deep historical institutions, strategic geography and a complex society.
Destroying Iran without a credible plan for what follows could produce state fragmentation, insurgency, terrorism, economic collapse, refugee flows and prolonged regional warfare. The consequences would not remain confined to Israel’s immediate security environment. They would affect global energy supplies, European migration, shipping insurance, American military deployments and international markets.
Trump himself now appears trapped between escalation and restraint. Weeks of American and Israeli attacks failed to force Iran into unconditional surrender. The economic reality limits Washington’s freedom of action. A prolonged conflict in the Strait of Hormuz could raise fuel, transportation, manufacturing and food costs across the United States. Trump must therefore reconcile his promise to demonstrate military strength with his domestic political need to avoid another inflationary shock before congressional elections.
The war has never commanded overwhelming public support. Influential conservative voices, including Tucker Carlson and Megyn Kelly, have argued that Trump was manipulated into pursuing Israel’s war. Meanwhile, hawkish conservatives attacked the MOU for conceding too much to Iran and questioned why the conflict had been fought if Washington was ultimately prepared to compromise.
Trump is thus pressured from both directions. Restraint invites criticism from hawks who demand Iran’s defeat. Escalation risks alienating anti-war elements of his political base, increasing oil prices and dragging the country into another open-ended Middle Eastern conflict.
Congress is reflecting this transformation. In July 2026, 103 House Democrats voted to remove approximately $3.3 billion in military assistance to Israel from a spending measure. The amendment failed because almost every Republican and a substantial number of Democrats voted to retain the aid. Nevertheless, it was the first time in modern memory that a majority of House Democrats voting on such an amendment supported eliminating Israel’s military funding.
At the same time, Section 219 of the National Defense Authorization Act, which seeks deeper U.S.-Israel integration in artificial intelligence, quantum technologies, biotechnology, data fusion and defense networks, has generated concerns that Israel could gain excessive access to sensitive American technology and greater influence over U.S. defense policy.
The absence of coherence is now evident across the American leadership. Trump alternates between threats, negotiations, economic demands and talk of decisive victory. Rubio invokes international law against Iranian tolls while serving an administration that briefly proposed its own 20 percent maritime charge. Vance supports diplomacy and publicly accuses Israeli figures of undermining American policy. Congress is divided over aid, technology sharing and the legality of military action.
These are not minor messaging differences. They suggest that competing power centers are pursuing different diagnoses of the conflict, different priorities and different endgames.
The latest reported pause in attacks, following diplomatic intervention involving Pakistan and Field Marshal Asim Munir, may offer another opportunity to return to negotiations. But another temporary pause will not be enough. The United States needs a comprehensive strategy with clearly stated objectives, enforceable obligations, a realistic exit mechanism and a distinction between American and Israeli national interests.
The writing is now on the wall. American society is increasingly skeptical of wars without clear objectives, aid without accountability and alliances that appear to constrain independent policy. Unless Washington restores coherence, the Iran conflict will deepen public distrust, unsettle markets, weaken diplomatic credibility and create lasting psychological and economic costs at home.

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Is Israel the Biggest Threat to the US?

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Paris (Imran Y. CHOUDHRY) :- Former Press Secretary to the President, Former Press Minister to the Embassy of Pakistan to France, Former MD, SRBC Mr. Qamar Bashir analysis : For decades, the United States has viewed Israel as its most trusted ally in the Middle East—a beacon of democracy, a strategic bulwark, and a partner in shared values. Yet a growing body of evidence suggests this relationship has evolved into something far more complicated, raising an uncomfortable question: could Israel actually be the biggest threat to American security and sovereignty?

When we examine cyber capabilities, espionage activities, influence operations, and legislative maneuvers, Israel emerges as a uniquely dangerous actor—one whose authorized access to American systems makes it more capable of doing harm than any traditional adversary.

Israel’s cyber warfare capabilities are widely considered among the most sophisticated in the world, with the Pentagon’s Defense Intelligence Agency rating its espionage threat against the US as “critical”—the highest designation available.

The country has demonstrated this prowess through operations like the mass pager explosions in Lebanon and the Stuxnet virus, but what makes Israel uniquely threatening is that these capabilities were largely built with American assistance, meaning they understand US systems from the inside out.

This insider knowledge, combined with their own innovations, arguably gives them an asymmetric advantage over other adversaries like China or Russia, who lack the same level of authorized access to American military and intelligence infrastructure.

The espionage is not hypothetical—Israel has been caught numerous times planting spyware on the phones of American Iran negotiators, attempting to place listening devices inside US Secret Service vehicles, and running the infamous Jonathan Pollard spy ring.

These incidents represent a pattern of behavior inconsistent with an ally relationship and more characteristic of an adversarial power operating against American interests. While China and Russia certainly conduct espionage against the US, neither has the same level of institutionalized access to American systems, making Israel’s intelligence-gathering capabilities uniquely dangerous and harder to detect.

Perhaps the most alarming development is the revelation that the Israeli government engaged Brad Parscale, Donald Trump’s former campaign manager, to run a multimillion-dollar digital influence campaign targeting American conservatives to prevent them from turning against Israel.

The operation escalated to the point where Vice President JD Vance publicly accused elements within the Israeli government of funding a campaign “to try to derail the negotiation” of a US-Iran deal and attacking him personally to shift American foreign policy in Israel’s favor.

When a sitting US Vice President must publicly call out a foreign government for attempting to undermine American foreign policy, the relationship has moved beyond normal ally dynamics into dangerous territory.

The legislative threat is even more concrete—Section 219 of the NDAA would have effectively merged the US and Israeli military industrial bases, allowing joint weapons development and granting Israel co-ownership of American weapons systems.

While the Senate blocked this proposal by a narrow 50-46 vote, the fact that nearly half of US senators supported such an unprecedented surrender of sovereignty demonstrates the depth of Israeli influence within the American legislative branch.

Prime Minister Netanyahu framed this as moving “from aid to partnership,” but critics like Representative Thomas Massie called it an “unprecedented escalation of foreign involvement” that amounts to “fully capitulating our nation’s autonomy to foreign influence.”

The American Israel Public Affairs Committee functions as a powerful lobbying force that has effectively shaped US foreign policy to serve Israeli interests, sometimes against American interests, with documented “revolving-door” relationships between AIPAC, the US government, and the Israeli government.

Unlike other countries seeking to influence US policy, Israel has legal and institutionalized access through these organizations, giving it a level of domestic influence that no other foreign power can match. This access extends beyond lobbying to actual legislative drafting, with critics charging that Netanyahu runs Congress through the legislation he writes and sends to American lawmakers.

The current crisis is exacerbated by Prime Minister Benjamin Netanyahu’s personal legal troubles—facing corruption charges that would likely end his political career, he has been described as taking aggressive actions to secure Israel’s position while simultaneously fighting for his political survival.

This introduces an unstable element into US-Israel relations: a foreign leader willing to manipulate American politics and policy to serve his personal legal and political interests, with critics arguing his aggressive policies are driven more by self-preservation than Israeli national security. The combination of capability, access, influence, and personal motivation makes Israel a uniquely dangerous actor in the American political landscape.

To determine if Israel is truly the biggest threat, we must compare it to other adversaries—China remains America’s primary strategic competitor with global ambitions to displace US dominance, while Russia poses an immediate military threat through its war in Ukraine and proven willingness to interfere in American elections.

However, neither China nor Russia has the same level of authorized access to US military technology, intelligence systems, and governmental processes that Israel enjoys, nor do they have domestic lobbying networks as powerful as AIPAC operating on their behalf. The old adage “trust, but verify” does not apply when you have literally integrated your defense systems with a foreign power.

If “biggest threat” means greatest military potential or most expansive geopolitical ambitions, China retains that title, but if “biggest threat” means greatest capability to harm the United States from within through espionage, influence operations, and legislative capture, then Israel is at minimum among the top tier and arguably the most dangerous.

The distinction between “biggest” and “most unique” is crucial—Israel presents a threat unlike any other because it comes from an “ally” where the US has let its guard down, making it more capable of doing damage than any traditional adversary precisely because of the trust extended to it.

The Defense Department’s own intelligence assessments placing Israel’s espionage threat above even China and Russia confirm that this is not mere conspiracy theory but a genuine intelligence concern. If we compare any other country with influence in the United States, no nation can be more dangerous than Israel itself should the relationship turn adversarial.

This is not to say that Israel is currently an enemy or that the alliance should be abandoned, but rather that the current trajectory of ever-deepening integration without appropriate safeguards is dangerously naive and threatens American sovereignty in unprecedented ways.

The central question for US policymakers is whether the current path of military integration, intelligence sharing, and legislative deference serves the American people or a foreign power with its own distinct interests.

When a foreign government can fund social media campaigns to shape American public opinion, draft legislation for US lawmakers, and threaten to derail American foreign policy when it doesn’t align with its interests, the alliance has fundamentally shifted from partnership to something resembling dependency. America’s founders warned against entangling alliances that could compromise sovereignty—their wisdom deserves renewed attention in this context.

Ultimately, whether Israel is the “biggest” threat depends on whether we define threat as “potential for conflict” or “capacity for harm from within.” In the latter category, Israel may well be the single greatest danger to American sovereignty and security—hidden in plain sight, protected by the very alliance that makes it so dangerous, and operating with capabilities that no other nation can match.

The time for honest conversation about this relationship is now, before the integration becomes so complete that disentanglement becomes impossible.

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The Missing Guarantor in U.S.-Iran Diplomacy

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Paris (Imran Y. CHOUDHRY) :- Former Press Secretary to the President, Former Press Minister to the Embassy of Pakistan to France, Former MD, SRBC Mr. Qamar Bashir analysis : President Donald Trump has consistently portrayed himself as a man of faith who draws guidance from Christian values and surrounds himself with pastors, priests, and religious leaders. Christianity teaches honesty, compassion, humility, forgiveness, keeping one’s promises, protecting the innocent, respecting one’s neighbors, and seeking peace before conflict. These ideals also reflect many of the civic virtues that Americans deeply value—integrity, fairness, accountability, respect for the law, and honoring one’s commitments.
America’s global influence has never rested solely on its unmatched military or economic power. Equally important has been its reputation that its word carries weight. Allies have cooperated with Washington because they generally believed that American commitments would endure beyond immediate political circumstances. That credibility has often proven more valuable than military strength itself.
It is against this backdrop that President Trump’s foreign policy approach since returning to office in January 2025. His strategic unpredictability is designed to maximize leverage. His frequent policy reversals, shifting deadlines, changing public positions, and abrupt diplomatic turns have created uncertainty among allies, mediators, financial markets, and adversaries alike.
The recent diplomatic efforts involving the United States and Iran illustrate this concern. Multiple rounds of diplomacy took place over many months with the assistance of regional mediators. Discussions began in Egypt, later continued through negotiations in Pakistan and Geneva, and culminated in a Memorandum of Understanding brokered with the assistance of countries including Pakistan, Qatar, Oman, Egypt, and Türkiye.
There is a recurring pattern. Negotiations would begin with optimism. Temporary understandings would be announced. Deadlines would be established. New demands, military developments, sanctions, or conflicting public statements would follow. Each cycle reduced confidence that diplomatic commitments would survive until implementation. The perception itself matters enormously in diplomacy. Once confidence is weakened, every subsequent negotiation becomes significantly more difficult.
This raises a deeper structural weakness in modern international mediation. Mediation succeeds only when agreements can realistically be implemented and monitored. Yet many of today’s mediators possess diplomatic goodwill but very limited leverage over the parties they seek to reconcile.
Pakistan, Qatar, Oman, Egypt, and Türkiye have each invested considerable diplomatic capital in attempting to reduce tensions and facilitate dialogue. Their role deserves recognition. However, none possesses sufficient political, economic, or military leverage to compel either Washington or Tehran to comply with an agreement if either side ultimately decides otherwise. Their influence depends almost entirely upon persuasion and goodwill rather than enforceable authority.
This reveals perhaps the greatest weakness of such agreements. When the guarantors are less powerful than the parties themselves, enforcement becomes largely voluntary. If one party concludes that strategic circumstances have changed, there is often no effective international mechanism capable of ensuring compliance or imposing meaningful consequences.
The imbalance becomes even more pronounced when one party is the world’s most powerful nation. The United States possesses unmatched economic influence, military capability, financial reach, and diplomatic weight. No mediator can realistically compel Washington to implement an agreement against its own policy choices. Likewise, Iran cannot be expected to rely solely on assurances if it believes commitments may change unexpectedly.
Consequently, the durability of any agreement depends less upon external enforcement than upon the willingness of the parties—especially the more powerful one—to demonstrate consistency, restraint, and respect for the commitments they voluntarily undertake.
History offers many examples in which successive U.S. administrations have withdrawn from, revised, or renegotiated international agreements negotiated by previous administrations. These frequent reversals have weakened confidence among allies and negotiating partners, who may begin questioning whether any agreement will remain durable beyond the next political transition. This is not merely a legal issue. It is fundamentally a question of credibility.
Markets understand this reality immediately. Every presidential statement concerning sanctions, military deployments, shipping routes, tariffs, or energy policy affects oil prices, insurance costs, shipping rates, exchange markets, and stock exchanges worldwide. Investors dislike uncertainty more than almost anything else. When official messaging changes frequently, volatility naturally increases.
The Strait of Hormuz demonstrates this dynamic vividly. Even conflicting public statements regarding freedom of navigation, proposed shipping arrangements, economic measures, or maritime security can produce significant movements in global energy markets within hours. In today’s interconnected economy, presidential rhetoric alone can affect the daily lives of billions of people through higher transportation costs, inflation, and energy prices.
This tactical uncertainty may produce short-term bargaining advantages while gradually eroding the strategic trust that underpins alliances, diplomacy, and long-term American leadership. If partners become uncertain whether today’s commitments will remain valid tomorrow, they may increasingly seek alternative security arrangements or reduce their reliance on Washington.
For a superpower, leadership requires more than overwhelming strength. It also requires steadiness. The strongest nation should ideally demonstrate confidence rather than impulsiveness, consistency rather than contradiction, and principled leadership rather than purely transactional calculations.
The United States remains uniquely positioned to shape the international order. That position carries extraordinary responsibility. Because American decisions influence virtually every region of the world, they inevitably affect not only governments but also ordinary families whose livelihoods depend upon stable energy markets, predictable trade, secure shipping, and peaceful diplomacy.
Ultimately, America’s greatest asset is neither its aircraft carriers nor its financial markets. It is the confidence others place in its word. Military power can compel compliance. Economic power can impose costs. But only credibility inspires lasting partnerships and voluntary cooperation.
If the United States consistently demonstrates that it honors its commitments, respects international law, protects humanitarian principles, and approaches diplomacy with patience and predictability, its leadership will continue to command respect across the globe. If, however, unpredictability becomes its defining characteristic, countries may continue to cooperate out of necessity while gradually losing confidence in American leadership.
History suggests that fear can produce obedience, but only trust produces enduring influence. For a nation that has long presented itself as the leader of the free world, preserving that trust may prove to be its greatest strategic challenge in the years ahead.

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