Ketanji Brown Jackson’s Tariff Misstep
In an unforgettable slip-up, Supreme Court Justice Ketanji Brown Jackson muddled her presidential history during a heated exchange on tariffs. The scene unfolded as the Court delved into a case concerning President Trump’s authority to levy tariffs on countries that have been taking advantage of America for too long.
Trump has been playing the tariff card using the International Emergency Economic Powers Act (IEEPA), and now his authority is under scrutiny.
The Supreme Court recently fast-tracked this crucial case, following a rejection from the United States Court of Appeals for the Federal Circuit. U.S. Solicitor General John Sauer came under fire while arguing that Trump lawfully used IEEPA to enforce his tariffs.
Justice Jackson demanded examples of past presidents using such powers, leading Sauer to cite President Nixon’s import tariffs in 1971. Nixon had imposed a 10% tariff under the Trading with the Enemy Act, TWEA—a predecessor to IEEPA.
In an amusing turn, Jackson seemed to confuse Nixon with Lincoln, turning an intense legal debate into a historical hiccup.
Listen to the exchange:
JACKSON: Did any president under TWEA use that language to impose tariffs?
SAUER: Yes, President Nixon’s 1971 tariffs.
JACKSON: That was not a tariff. It was a licensing agreement during wartime.
SAUER: I’m referring to Nixon’s 1971 tariffs.
JACKSON: Oh, excuse me! I thought you meant Lincoln!
SAUER: Not only that, but it was upheld by the court of appeals with exclusive jurisdiction under this very frame.
JACKSON: Back up just a second, you’re talking so quickly.
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