The Lawfare Podcast Lawfare Archive: Trump’s Tariffs and the Law
Feb 28, 2026
Peter Harrell, a policy analyst at Carnegie and Lawfare contributor, and Kathleen Claussen, a Georgetown law professor specializing in international trade law, unpack the surge in presidential tariff actions. They trace legal authorities like IEPA, Section 232 and 301. They debate political motives, implementation headaches, likely litigation paths, and international pushback.
AI Snips
Chapters
Transcript
Episode notes
Different Statutes Serve Different Tariff Purposes
- Multiple statutory delegations let the president impose tariffs for different rationales like national security or unfair practices.
- Kathleen Claussen highlights Section 232 (national security) and Section 301 (unfair trade) as common, distinct legal paths.
IEPA Is Not A Traditional Tariff Tool
- The International Emergency Economic Powers Act (IEPA) is an emergency sanctions statute not traditionally used for tariffs.
- Peter Harrell argues IEPA authorizes prohibitions but likely was not intended to grant tariff authority and may not legally cover tariffs.
IEPA Offers Speed And Fewer Procedural Hurdles
- IEPA lets the president act quickly with a declaration and fewer procedural checks than three-digit statutes.
- Harrell explains IEPA avoids agency investigations and notice-and-comment that Section 301 or 232 typically require.