If tariffs are a good idea, persuade Congress: Indian-origin lawyer dares Trump

Indian-origin lawyer Neal Katyal has said that if Donald Trump’s sweeping tariffs are “such a good idea”, the US President should seek approval from Congress, stressing that the American Constitution mandates legislative backing for major trade measures.

Katyal’s remarks came a day after the US Supreme Court struck down Trump’s global tariffs imposed under emergency powers, including “reciprocal” duties on imports from multiple countries. The court ruled that the use of emergency authority to impose tariffs without Congressional approval was illegal.

Katyal, who served as Acting Solicitor General under former president Barack Obama, argued the case on behalf of small businesses challenging the tariffs.

Call for Congressional approval

In a social media post, Katyal said sweeping tariffs must go through the legislative route rather than relying on emergency provisions.

“If he (Trump) wants sweeping tariffs, he should do the American thing and go to Congress. If his tariffs are such a good idea, he should have no problem persuading Congress. That’s what our Constitution requires,” Katyal said.

He added that the administration’s reliance on emergency powers to justify import duties faced serious legal hurdles.

Legal questions over emergency powers

Katyal questioned the legal basis of invoking emergency provisions to address trade deficits, referring to earlier submissions by the US Justice Department.

“Nor does [Section 122] have any obvious application here, where the concerns the President identified in declaring an emergency arise from trade deficits, which are conceptually distinct from balance-of-payments deficits,” Katyal quoted from a previous government submission before the court.

The Indian-origin lawyer was born in Chicago to Indian immigrant parents and has previously served in senior legal roles in Washington.

The Supreme Court’s ruling marks a significant setback for Trump’s trade agenda, with the decision reinforcing that sweeping tariff actions require Congressional approval, according to legal experts.