M. Rakhi WASHINGTON: In Donald Trump's second term, the U.S. Supreme Court's ruling against his tariff policy stands as his most sig...
M. Rakhi
WASHINGTON: In Donald Trump's second term, the U.S. Supreme Court's ruling against his tariff policy stands as his most significant judicial setback to date. This verdict dismantles the extensive tariff (tax) system that Trump described as the cornerstone of his economic policy. The star of this legal battle against Trump is Neal Katyal, an Indian-American lawyer regarded as the finest of his generation.
Trump is not the first U.S. President to concede defeat to Katyal. Approximately 20 years ago, Katyal represented Salim Ahmed Hamdan, a Yemeni national and driver for Osama bin Laden, in the U.S. Supreme Court. In that trial, he challenged and defeated the George W. Bush administration's policy regarding military trials at Guantanamo Bay.
Trump's reaction to the news of his "tariff wall" crumbling and his legal defeat was swift and harsh. Katyal had successfully struck down a network of import duties that Trump argued would rebuild U.S. manufacturing and balance trade.
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| The Verdict: The Supreme Court judges ruled 6-3 against Trump's tariffs |
Immediately after the verdict, an incensed Trump held a press conference. Calling the ruling a "joke," he described the judges who ruled against his tariffs as a "disgrace" to the country and labeled the group of small business owners who filed the suit as "nasty."
The U.S. President claimed he had tried to withhold comment before the ruling. "I wanted to be respectful because I didn't want to do anything to disturb the court's decision," he said. "Because I know the court. I understand how easily they can be influenced. So I wanted to be a good boy."
However, the spotlight shifted from Trump to the 55-year-old Neal Katyal. He argued the case on behalf of business owners who complained that the tariffs were pushing them into crippling costs.
When the verdict was announced, Katyal tweeted a single word: "Victory." Later, speaking to the media, he discussed the rule of law and condemned the President's provocative behavior.
"The 'I am the President, I can do whatever I want' approach doesn't work here. Today, the Supreme Court stood up for the rule of law. It stood up for Americans everywhere. Presidents may be powerful, but our Constitution is stronger," Katyal said.
The core of the verdict rested on a fundamental principle of the U.S. Constitution: "Only Congress (Parliament) can impose taxes on the American people. Tariffs are taxes." Observers say the Supreme Court ruling can be summarized in those three words: "Tariffs are taxes."
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| Neal Katyal pictured with his wife Dr. Joanna Rosen |
Katyal is no stranger to the Supreme Court justices, having argued 54 cases before the nation's highest court—a massive achievement given the limited number of cases the court hears annually. Throughout his career, he has handled cases involving civil rights, federalism, separation of powers, and national security. While he has secured major wins before, this is considered his most politically significant victory.
"This is the first time in nearly 90 years—since the court struck down FDR's first 'New Deal' in 1935—that the court has blocked such a major policy action," said Harvard Law School Professor Noah Feldman. Feldman also noted that this is the first time the Supreme Court has taken such a firm stance against Trump.
Katyal’s track record is extensive. As Acting Solicitor General under the Obama administration, he successfully defended the Affordable Care Act (ObamaCare) and the Voting Rights Act. It was also during his tenure that the U.S. Justice Department issued a full apology for the internment of Japanese-Americans during World War II. Furthermore, he took on cases against the detention of prisoners at Guantanamo Bay, such as the Hamdan case.
Katyal studied at Dartmouth College and Yale Law School. He later clerked for U.S. Supreme Court Justice Stephen Breyer. During that time, he also worked on a project for President Bill Clinton regarding the expansion of pro bono legal services. He later returned to Georgetown University Law Center as a professor and became a partner at a law firm. He currently works at the prominent law firm Milbank.
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| Neal Katyal with his sister Sonia Katyal and mother Dr. Pratibha |
Katyal's parents are both professionals. His mother, Pratibha, is a pediatrician, and his father, Surendar, who passed away in 2005, was an engineer. Katyal's wife, Joanna Rosen, is a doctor. His sister, Sonia Katyal, is a law professor and Co-Director of the Berkeley Center for Law & Technology at UC Berkeley.
His opposition to Trump has been evident for a long time. In 2019, he co-authored the book Impeach: The Case Against Donald Trump with Sam Koppelman, outlining the legal paths for removing the President from office.
What is Katyal’s next move? When he became Acting Solicitor General under Obama, he replaced Elena Kagan, who became a Supreme Court Justice. If a Democratic administration comes to power in the future, Katyal will almost certainly be at the top of the shortlist for a seat on the nation's highest court.
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