The Wall Street Journal's editorial board is prompting someone — anyone — to challenge the underpinnings of President Donald Trump's tariff orders, saying the legal foundation for Trump's unilateral actions is nowhere to be found.
The board wrote, "The President now has the explicit power to restrict imports, but only for specific reasons."
From there, the legal reasoning in the WSJ review of tariff law covers a wide range of court decisions and legal interpretations. The Journal isn't necessarily saying Trumps actions are illegal, but rather need court support in order to be validated and protect the intent of presidential powers with certain limitations.
The board wrote, "Mr. Trump's tariffs recall Mr. [Joe] Biden's use of emergency power for his Covid vaccine mandate, eviction moratorium and student loan forgiveness. The Court blocked all three under its major questions doctrine, which Justice Neil Gorsuch called 'a vital check on expansive and aggressive assertions of executive authority.'"
The Journal is asking for the clarification of Trump's executive orders to specify what constitutes an emergency.
"Presidents of both parties are now declaring everything to be an emergency to achieve their policy goals without having to deal with a frustrating Congress."
The editorial board wrote: "If Mr. Trump succeeds in unilaterally imposing tariffs as he sees fit, a future Democratic President will use 'emergency' power for climate change and much more. Mr. Trump's order needs a legal challenge."
Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
© 2025 Newsmax. All rights reserved.