Indian-American lawyer Neal Katyal is the lawyer who argued against United States President Donald Trump’s tariffs at the US Supreme Court and emerged victorious in a verdict that handed the Republican his biggest legal defeat since returning to the White House last year.
Speaking to reporters outside the U.S. Supreme Court in Washington, D.C., along with Sara Albrecht, president of the Liberty Justice Center, on February 20 after the verdict, Katyal called the ruling a “complete and total victory” for the challengers, according to an AP report.
“It’s a reaffirmation of our deepest constitutional values and the idea that Congress, not one person, controls the power to tax the American people,” said Katyal, who represented the small business group in the case.
The administration was represented by General Counsel D. John Sauer, assisted by two members of his office.
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How did lawyer Neal Katyal react after the verdict?
“Today, the US Supreme Court stood up for the rule of law and Americans everywhere. His message was simple: Presidents are powerful, but our Constitution is even more powerful. 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. I’m glad to see our Supreme Court, which has been the foundation of our government for 250 years, protecting our most fundamental values.
“I am grateful for the leadership of the Liberty Justice Center, and especially for the brilliant advocacy of its Chair, Sara Albrecht, who fought when others would not and was fearless in defending our constitutional order,” he added.
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What were the arguments in the case?
- The case tested the limits of presidential power under the International Emergency Economic Powers Act (IEEPA), a 1977 emergency law and law traditionally used to address threats to national security.
- The tariffs, which Trump imposed by declaring a national emergency due to persistent trade deficits, cover imports from nearly all of the US’ trading partners.
- During arguments heard on November 5, 2025, the justices expressed skepticism about whether the law could be applied to broad trade policy, raising questions about the legality of the tariffs.
- Lower courts have already ruled that the administration overstepped its authority, prompting an appeal to the Supreme Court.
Why was this verdict significant?
The 6-3 ruling, described as “one of the most significant in American history,” overturned Trump’s sweeping global tariffs imposed starting in February 2025 under the IEEPA and cleared the way for requests to refund more than $133 billion collected in tariffs.
Economists at the Penn-Wharton Budget Model (PWBM) estimate that more than $175 billion in tariffs could be rolled back. The model cross-references imported data from 11,000 product categories and 233 countries to generate its forecasts.
Earlier, US Treasury Secretary Scott Bessent said the Treasury Department would handle the potential refunds, citing large cash balances projected for March ($850 billion) and June ($900 billion), but he was also confident the court would uphold the tariffs.
Notably, the order also undermines Trump’s economic and trade policies and comes months before the US mid-term polls, which are scheduled to end this year in November. The Trump administration and his Republican Party are on the back foot amid growing discontent over rising prices and immigration policies that have led to mass protests across the country.
Who is Neal Katyal? Everything you need to know
Neal Kumar Katyal, born March 12, 1970 to Indian immigrants Pratibh (pediatrician) and Surendar (engineer) in Chicago, Illinois, is an American lawyer and legal scholar.
The 55-year-old is currently a partner at Milbank LLP and the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center.
Previously, under the Obama administration, he served as Acting Solicitor General of the United States from May 2010 to June 2011; and was previously an attorney in the Office of the Attorney General and a Senior Deputy Attorney General at the United States Department of Justice.
Katyal’s father died in 2005 and his sister Sonia is also a lawyer and teaches at the University of California, Berkeley School of Law.
A graduate of Dartmouth College and Yale Law School, he worked as a clerk in the office of US Supreme Court Justice Stephen Breyer in his early days, according to an IANS report. He has fought more than 50 cases at the Supreme Court over the years, including a challenge to Trump’s 2017 travel ban and a defense of the constitutionality of the Voting Rights Act of 1965, he added.
Another significant case he fought was as a special prosecutor for the state of Minnesota in the case of the murder of George Floyd.
Katyal wrote “Impeach: The Case Against Donald Trump” and received the US Department of Justice’s highest civilian honor – the Edmund Randolph Award, the report said.
He won The American Lawyer’s Litigator of the Year in 2017 and 2023, and Forbes named him one of America’s 200 Best Lawyers in 2024 and 2025.
How did Donald Trump react to the decision of the US Supreme Court?
Calling the verdict a “terrible decision”, Trump announced that he would sign the 10% global tariff under Section 122 of the Trade Act of 1974, ANI reported. This authority allows a temporary import surcharge (up to 15%) for a period of 150 days to address balance of payments deficits.
According to a Bloomberg report, however, this is a temporary measure, as the provision sets a 150-day limit on the imposition of tariffs and requires congressional approval for any further extension.
The temporary import tariff will take effect at 01:01 on February 24, according to a White House fact sheet titled “President Donald J. Trump Imposes Temporary Import Tariff to Address Critical International Payments Issues.”
What do we know about the customs rates of individual countries?
- Responding to questions at the White House after the verdict, Trump said there was “no change” in the trade deal with India and that the deal “still stands”, a PTI report said.
- In a response to ANI, a White House official confirmed that India will pay 10% duties as per Trump’s latest executive order, saying, “Yes (India will pay), 10% (duties) until another authority applies.”
- Last year, Trump imposed 50% tariffs on India (25% reciprocal and 25% “punishment” for buying Russian oil), which was reduced to 18% (reciprocal, Russia-related tariff removal), after announcing a joint interim trade framework earlier this month.
- US news channel CNBC also reported that the White House confirmed that all countries with existing trade agreements with the US will drop to a 10% tariff rate in accordance with the latest executive order.
- These include Vietnam (previously 20%), India (18%), the European Union, Japan, Liechtenstein, Switzerland and South Korea (15% each) and the United Kingdom (remaining at 10%), the CNBC report added.
- The decision affects a wide range of tariffs imposed under the IEEPA, including: a 10% basic tariff on nearly all US trading partners; additional tariffs of 10%, 25% and 35% on goods from China, Mexico and Canada; 25% tariff on countries importing oil from Venezuela; 25% tariff on India for imports of Russian oil; 40% tariff on some Brazilian products.
- However, Trump said the tariffs imposed under Section 232 (National Security) and Section 301 (Unfair Trade) remain “in full force and effect” as they were reportedly unaffected by the IEEPA decision.
- In particular, aluminum and steel exports to the US from all countries are still subject to industry-specific duties under a separate statutory authority, and are also still subject to existing fees.
- The White House briefing added that Trump also “reaffirmed and continued the suspension of de minimis duty-free treatment for low-value shipments, including goods sent through the international postal system, which will also be subject to a temporary import duty imposed under Section 122.”
- In particular, tariffs imposed under Section 301 would also require a country-specific investigation, with an opportunity for affected companies or countries to comment, and if officials had to conclude that a country violated a trade agreement or engaged in practices that burdened U.S. trade, they would impose tariffs, Bloomberg reported.
- The Trump administration said in its briefing note that “tariffs will continue” and are a “critical tool” for Trump to “protect American businesses and workers, restore domestic manufacturing, lower costs and raise wages.”
(With input from agencies)