Of the 44 friend-of-the-court briefs filed in the tariffs case, 37 supported the challengers, an unusually lopsided split. More surprising yet was how many of the briefs taking issue with President Trump’s signature trade initiative were from conservative, libertarian and business groups.
The briefs were a sign of a deepening rift between Mr. Trump and the conservative legal movement, one that burst into public view in May with the president’s attacks on the Federalist Society, whose leaders helped pick the judges and justices he nominated in his first term.
One brief stood out. It was signed by Michael B. Mukasey, a former federal judge who served as attorney general under President George W. Bush; Richard Epstein, an influential libertarian legal scholar; and three former Republican senators — George F. Allen, Chuck Hagel and John C. Danforth, the latter a mentor to Justice Clarence Thomas.
The brief was signed by liberals, too, including Harold Koh, a former dean of Yale Law School. The prominence and ideological diversity of the amici curiae — the friends of the court — send a message, he has said.
“Despite our political differences, the amici easily agreed, as lawyers, that the president has exceeded his delegated statutory authorities,” Mr. Koh said in June. “By unilaterally imposing unlimited tariffs on worldwide goods, he has lawlessly usurped Congress’s exclusive powers to impose taxes and duties and to regulate foreign commerce.”
Among the groups that filed briefs supporting the challengers were the Cato Institute, a libertarian group, and the U.S. Chamber of Commerce, which says it is the world’s largest business federation.
Joining them were groups that in other settings had supported Mr. Trump. Among them were the Washington Legal Foundation, which sided with Mr. Trump in his efforts to remove leaders of independent agencies, and the New Civil Liberties Alliance, which urged the justices last week to let Mr. Trump fire Lisa Cook, a Federal Reserve governor.
Likewise, the public interest law firm that assembled the small-business coalition that is challenging the tariffs is better known for pursuing conservative causes, including curbing the influence of unions.
Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002.
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