Supreme Court Justice Neil Gorsuch warned during November arguments that President Trump's emergency tariff powers could create a dangerous shift of authority from Congress to the executive branch. Gorsuch cautioned that once presidents obtain such powers, they're unlikely to relinquish them, calling it a 'one-way ratchet' that would be 'veto-proof.'

His concerns have gained relevance as Congress recently voted 219-211 to repeal Trump's Canada tariffs under the International Emergency Economic Powers Act, though the effort remains largely symbolic without enough votes to override a presidential veto. Justice Amy Coney Barrett echoed Gorsuch's concerns, questioning whether Congress could effectively claw back tariff powers once granted.

With the Supreme Court's decision expected imminently after 105 days of deliberation, speculation is mounting about the timing. Prediction markets show odds jumping from 40% to over 70% that the ruling will come this month. The decision's release could coincide with the State of the Union address, creating a high-stakes moment for both the court and the president.