WASHINGTON, D.C., February 21 — Neal Katyal, former Acting U.S. Solicitor General and a leading Supreme Court litigator, hailed the court’s recent decision limiting presidential tariff authority as a landmark affirmation of constitutional governance and the separation of powers.
Katyal, who argued the case challenging the tariffs before the US Supreme Court, described the ruling as a sweeping endorsement of the plaintiffs’ argument that the executive branch cannot impose taxes without congressional authorization.
In a statement posted on X, Katyal wrote, “Today, the U.S. 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 U.S. Supreme Court gave us everything we asked for in our legal case. Everything.”
Katyal, who serves as the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center, also praised the organizations and individuals involved in the legal challenge.
“I’m grateful for the leadership of the Liberty Justice Center, and in particular for the brilliant advocacy by its chair, Sara Albrecht, who led the fight when others wouldn’t and was dauntless in its defense of our constitutional order,” Katyal said. He also expressed appreciation for the small business owners who joined the lawsuit, saying their actions provided relief to businesses and consumers nationwide.
Katyal further credited his legal team at Milbank LLP, including Colleen Roh Sinzdak and Sami Ilagan, for their efforts in developing the successful legal arguments.
“This case has always been about the presidency, not any one president,” Katyal said. “It has always been about separation of powers, and not the politics of the moment. I’m gratified to see our Supreme Court, which has been the bedrock of our government for 250 years, protect our most fundamental values.”
The case, supported by the Liberty Justice Center and several small business owners, centered on whether the president could unilaterally impose tariffs without congressional approval. The court ruled that taxing authority rests exclusively with Congress under Article I of the Constitution.
Katyal, widely regarded as one of the nation’s foremost constitutional advocates, has argued dozens of cases before the Supreme Court. His academic and legal work has focused extensively on executive authority, national security law, and constitutional structure.
In an interview with CNN anchor Kaitlan Collins, Katyal noted the significance of the 6–3 ruling.
“Oftentimes in these high-profile cases, there are 5–4 decisions. But this one was 6–3, and notably, two of President Donald Trump’s three appointees voted against him,” Katyal said.
When asked whether Trump could have influenced the outcome, Katyal responded, “He could have 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.”
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