Indian-Origin Lawyer Neal Katyal Casts Doubt on Legality of Trump's New Tariffs
Neal Katyal, the prominent Indian-origin lawyer who successfully challenged President Donald Trump's sweeping global tariffs at the US Supreme Court, has now raised fresh concerns about the legality of the administration's new 15 percent import levy. Katyal, a former Acting Solicitor General under President Barack Obama, argues that the President's reliance on a specific statute may be legally untenable given previous government arguments.
Legal Inconsistencies Highlighted by Katyal
In a recent post on X, Katyal pointed out a significant contradiction in the administration's legal position. He noted that it would be "hard for the President to rely on the 15 percent statute (sec 122)" after the Department of Justice previously argued that this provision did not apply to trade deficits. Katyal quoted the DOJ's earlier statement: "Nor does [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 emphasized the constitutional implications, stating, "If he 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." This intervention signals that the legal battle over Trump's trade policies may continue, with Katyal potentially leading further challenges.
Supreme Court Ruling Sets Precedent
Katyal's remarks follow a landmark 6–3 ruling by the US Supreme Court, which found that Trump had exceeded his authority by using the International Emergency Economic Powers Act (IEEPA) to impose broad-based tariffs. The majority opinion held that the Constitution vests the power to levy taxes in Congress, not the executive branch, marking a significant setback for the administration.
In response, Trump criticized the decision as "incorrect" but announced a new 10 percent global tariff under Section 122 of the Trade Act of 1974, later increasing it to the "fully allowed, and legally tested, 15% level." Katyal, who represented small businesses in the case, described the Supreme Court ruling as a constitutional milestone. He said, "It's a reaffirmation of our deepest constitutional values and the idea that Congress, not any one man, controls the power to tax the American people."
Background on Neal Katyal and His Advocacy
Born in Chicago to Indian immigrant parents, Neal Katyal has built a distinguished legal career, arguing dozens of cases before the Supreme Court. He is currently a partner at Milbank in Washington DC. Following the verdict, he reflected on his heritage, writing, "Thinking of my father first and foremost, who came to this land of freedom….May the Constitution win."
Katyal's latest intervention underscores his ongoing commitment to constitutional principles and suggests that legal scrutiny of Trump's trade policies is far from over. As a key figure in previous challenges, his expertise and advocacy continue to shape the national discourse on executive power and trade law.
