Neal Katyal: Key Voice Behind SC Blow to Trump Tariffs
Katyal, who argued the case challenging the tariffs, described the ruling as a victory for constitutional principles and the separation of powers
When the Supreme Court of the United States struck down former President Donald Trump’s sweeping global tariffs, it marked a defining constitutional moment — and placed veteran Supreme Court advocate Neal Katyal at the centre of the legal battle.
Neal Katyal, former Acting US Solicitor General and a leading Supreme Court litigator, hailed the landmark decision by the Supreme Court of the United States as a decisive victory for constitutional governance and the separation of powers after it struck down former President Donald Trump’s sweeping tariffs.
Katyal, who serves as the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center, described the ruling as a sweeping endorsement of the arguments advanced in the case challenging what plaintiffs called unconstitutional taxation by the executive branch.
In a statement on X, he wrote, “Today, the US Supreme Court stood up for the rule of law and Americans everywhere. Its message was simple: Presidents are powerful, but our Constitution is more powerful still. In America, only Congress can impose taxes on the American people. The US Supreme Court gave us everything we asked for in our legal case. Everything.”
Katyal expressed gratitude to the Liberty Justice Center and its chair, Sara Albrecht, for leading the legal fight. He also thanked the five small business owners who challenged the tariffs, stating that their stand delivered relief to tens of thousands of businesses and millions of consumers across the country.
He further acknowledged his legal team at Milbank LLP, including Colleen Roh Sinzdak and Sami Ilagan, for their work in crafting the case. Emphasising the broader constitutional stakes, Katyal said the dispute was about “the presidency, not any one president,” and about the separation of powers rather than political considerations.
A partner at Milbank LLP, Katyal has argued dozens of cases before the Supreme Court and is widely regarded as one of the country’s foremost constitutional advocates. His academic and litigation work has focused on executive power, national security law, and constitutional safeguards.
The case, backed by the Liberty Justice Center and a group of small business owners, centred on whether the president could unilaterally impose taxes without congressional authorisation. In siding with the challengers, the Court reaffirmed that the authority to levy taxes rests exclusively with Congress under Article I of the Constitution.
In an interview with CNN’s Kaitlan Collins, Katyal noted the significance of the 6–3 majority. “Oftentimes in these high-profile cases, there are 5 to 4. But this one was 6 to 3. And notably with two of President Trump’s three appointees voting against him,” he said.
When asked whether Trump could have changed the outcome, Katyal responded, “He could’ve behaved in a constitutional way. And not in ‘I am the President, I’ll do whatever I want.’ It is really hard to win a case against the President. It has only happened once or twice.”
Born in Chicago to Indian immigrant parents — his mother a doctor and his father an engineer — Katyal has built a career around high-stakes constitutional litigation. A graduate of Dartmouth College and Yale Law School, he clerked for Justice Stephen Breyer before being appointed Acting Solicitor General by President Barack Obama in 2010.
Over the course of his career, Katyal has argued more than 50 cases before the Supreme Court, setting records among minority advocates. His past work includes defending the constitutionality of the Voting Rights Act of 1965 and challenging Trump’s 2017 travel ban.
