‘Go To US Congress If…’: Indian-Origin Lawyer Neal Katyal On Trump's 15% Global Tariffs Order

Last Updated:February 22, 2026, 12:46 IST

Neal Katyal criticised Donald Trump’s 15 percent global tariffs urging Congress involvement for such sweeping measures.

Indian-origin attorney Neal Katyal, who successfully argued against US President Donald Trump’s sweeping tariffs before the Supreme Court, on Sunday (local time) lashed out at Trump over his decision to impose 15% global tariffs, saying that he cannot bypass Congress while taking such measures.

While questioning the President’s reliance on Section 122 of the Trade Act of 1974, he said that Trump’s decision to impose tariffs contradicts the administration’s own earlier position before the Supreme Court of the United States.

He pointed out that the Department of Justice (DOJ) had previously told the Court that Section 122 was not suited for situations involving trade deficits, which are different from balance-of-payments deficits.

“Seems hard for the President to rely on the 15 percent statute (sec 122) when his DOJ in our case told the Court the opposite: Nor does [122] have any obvious application here, where the concerns the President identified in declaring an emergency arise from trade deficits, which are conceptually distinct from balance-of-payments deficits," he said in a post on X.

Calling out Trump for his decision to rely on executive orders to impose sweeping global tariffs, Katyal, a former Acting Solicitor General who represented small businesses challenging the tariffs in the top court, also called for the US President to act the ‘American way’.

“If he wants sweeping tariffs, he should do the American thing and go to Congress. If his tariffs are such a good idea, he should have no problem persuading Congress. That’s what our Constitution requires," Katyal asserted.

Economist and former IMF First Deputy Managing Director Gita Gopinath also supported Katyal’s analysis on X and pointed out that trade deficits and balance-of-payments deficits are not the same.

“@neal_katyal speaking International Economics 101:“Nor does [122] have any obvious application here, where the concerns the President identified in declaring an emergency arise from trade deficits, which are conceptually distinct from balance-of-payments deficits," she said.

Trump Raises Global Tariff To 15%

His remarks came after the US President announced an increase in the proposed global tariff rate from 10 per cent to 15 per cent, sharply criticising a recent US court ruling and calling it “anti-American".

In a post on his social media platform Truth Social, Trump said the higher tariff would take effect immediately. He accused several countries of exploiting the US for decades and claimed the revised rate was legally sound.

“As President of the United States, I will be raising the worldwide tariff from 10% to the fully permitted and legally tested 15% level," Trump wrote, adding that the move was aimed at countering what he described as unfair trade practices.

He said that his decision was based on a “thorough, detailed, and complete review of the ridiculous, poorly written, and extraordinarily anti-American decision on Tariffs issued yesterday, after MANY months of contemplation, by the United States Supreme Court."

Who Is Neal Katyal?

The son of Indian immigrants, Katyal emerged as a central figure in the landmark judgment that struck down Trump’s use of the 1977 International Emergency Economic Powers Act to impose tariffs on imports from nearly all trading partners.

The case, backed by small businesses and supported by the Liberty Justice Center, challenged Trump’s argument that tariffs were justified under emergency economic powers.

Katyal described the outcome as a milestone not tied to any single presidency.

Born in Chicago to immigrant parents from India, Katyal has argued more than 50 cases before the Supreme Court and previously served as the US government’s top courtroom advocate under President Barack Obama. He is currently a partner at Milbank LLP and a law professor at Georgetown University.

News world ‘Go To US Congress If…’: Indian-Origin Lawyer Neal Katyal On Trump's 15% Global Tariffs Order

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