Who is Neal Katyal? Indian-American lawyer taking on Trump's tariff at Supreme Court

UPDATED: Nov 4, 2025 05:21 IST

Indian-American attorney Neal Katyal will appear before the US Supreme Court on Wednesday in a case that President Donald Trump calls one of the most important in American history. The hearing could decide how much power the president has to impose tariffs, and who controls US trade policy.

The case centers on whether Trump overstepped his authority under the 1977 Emergency Economic Powers Act, which lets presidents act during national emergencies tied to foreign affairs. A ruling against him could curb one of his most aggressive tools — using tariffs to pressure nations and shape foreign policy.

“If we win, we will be the richest, most secure country anywhere in the world — by far,” Trump declared on Truth Social Sunday. “If we lose, our country could be reduced to almost Third World status. Pray to God that that doesn’t happen.”

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Katyal, 54, a former acting US solicitor general under President Obama and one of the nation’s most experienced Supreme Court litigators, will argue on behalf of a coalition of small businesses and Democratic-led states that say Trump’s sweeping tariffs were unconstitutional.

“The President’s claim of authority here is breathtaking,” Katyal wrote in an October 20 court filing. “The IEEPA never mentions tariffs, and in 50 years, no other President has used it for that purpose.”

A LEGAL HEAVYWEIGHT STEPS UP

Katyal was chosen to argue the case after a coin toss between the plaintiffs’ lawyers, according to Bloomberg. Rick Woldenberg, CEO of Illinois-based Learning Resources Inc., said his team was honored to be represented by Neal at this important moment.

A Yale Law School graduate and partner at Milbank LLP, Katyal has argued over 50 cases before the Supreme Court, including landmark decisions such as Hamdan v. Rumsfeld and Moore v. Harper.

Born in Chicago to Indian immigrant parents, a doctor and an engineer, Katyal has often clashed with Trump’s policies, including his 2017 travel ban. He is also the author of Impeach: The Case Against Donald Trump.

“This case isn’t about politics,” a source close to Katyal’s team said. “It’s about preserving the constitutional balance between Congress and the President — and making sure no one man controls the nation’s economic fate.”

TARIFFS AS TRUMP'S POWER PLAY

For President Trump, tariffs — or even the threat of them — have become the cornerstone of his second-term foreign policy. He has used them to pressure nations into ceasefires, curb drug trafficking, and even punish countries for political disputes.

From Brazil to Canada, Trump’s tariff strategy has blurred the lines between trade and diplomacy. As one senior official put it, tariffs are “Trump’s sanctions — faster, sharper, and entirely his own.”

Now, the Supreme Court will decide whether that sweeping use of power goes too far.

Trump initially said he planned to attend the hearing in person, but later reversed course, saying he did not want to distract from the importance of the decision.

The Supreme Court’s decision, expected early next year, could sharply curb presidential authority in trade policy — or solidify Trump’s belief that tariffs are his ultimate instrument of power.

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