Highlights:
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Neal Katyal, former US Acting Solicitor General, is leading the challenge to Donald Trump’s tariffs.
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He has argued over 50 cases before the US Supreme Court, including the 2023 Moore v. Harper ruling.
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The Federal Circuit struck down Trump’s tariffs in a 7–4 decision, agreeing with Katyal’s argument that only Congress can set tariffs.
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Trump’s team may appeal to the Supreme Court, where Katyal is expected to continue his case.
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Neal Katyal, one of the most well-known Indian-American attorneys in the United States, is at the center of the legal battle over Donald Trump’s tariff policies. With a career that includes major Supreme Court victories and service as Acting Solicitor General, Neal Katyal has become a central figure in shaping constitutional law and trade-related litigation. His role in the tariff case highlights both his personal achievements and the broader influence of Indian-American lawyers in US courts.
Neal Katyal’s Career and Early Work
Born in Chicago to Indian immigrant parents, Neal Katyal has built a legal career defined by constitutional expertise and high-profile arguments before the Supreme Court. He served as Acting Solicitor General during the Obama administration, where he defended key policies such as the Affordable Care Act.
Over the course of his career, Neal Katyal has argued more than fifty cases before the Supreme Court. His reputation grew after his successful role in Moore v. Harper in 2023, where he helped defeat the “independent state legislature” theory, which would have given state legislatures significant unchecked authority over federal elections. The case was considered a landmark ruling for American democracy.
Neal Katyal has also taken on roles outside of government service. He was a co-counsel for Vice President Al Gore during the Bush v. Gore dispute in 2000 and later served as Special Prosecutor in the case involving the death of George Floyd. His work covers a wide range of areas, including antitrust, constitutional law, intellectual property, and employment law. Today, he is a partner at Milbank LLP, where he handles complex appellate litigation.
Neal Katyal and the Trump Tariff Case
The current tariff case has put Neal Katyal back in the national spotlight. Former President Donald Trump imposed reciprocal tariffs of up to 50 percent on imports from several countries, including India. Katyal led the legal team challenging the policy, arguing that it exceeded presidential authority.
According to Neal Katyal, trade deficits do not amount to a “national emergency” under the International Emergency Economic Powers Act (IEEPA). He further argued that the Constitution assigns the power to set tariffs and taxes to Congress, not the president.
The Federal Circuit agreed with Neal Katyal’s arguments in a 7–4 ruling, striking down the tariffs as unconstitutional. The court emphasized the importance of maintaining the separation of powers. After the ruling, Katyal stated, “Presidents must operate within the rule of law.”
This decision is significant not only for trade policy but also for constitutional governance. If upheld, it could restrict future presidents from imposing tariffs without congressional approval.
The Legal Legacy of Neal Katyal’s Family
Neal Katyal’s career is part of a broader family tradition in law and academia. His uncle and mentor, Akhil Amar, is a leading constitutional law professor at Yale. Akhil’s brother, Vikram Amar, served as dean of the University of Illinois College of Law. Katyal’s sister, Sonia Katyal, is a professor at UC Berkeley School of Law.
Together, this family has played an important role in American legal scholarship and practice, reinforcing Neal Katyal’s standing in the field.
Indian-American Influence in the Judiciary
The prominence of Neal Katyal also reflects a larger trend: the rising influence of Indian-American lawyers and judges in the US legal system. Judges such as Sri Srinivasan, chief judge of the US Court of Appeals for the DC Circuit, Amul Thapar on the Sixth Circuit, Neomi Rao on the DC Circuit, and Amit Mehta on the US District Court for the District of Columbia illustrate this growing presence.
Neal Katyal’s leadership in high-profile cases adds to this influence, signaling how Indian-American legal professionals are increasingly shaping key constitutional and policy debates.
What Comes Next for Neal Katyal and the Tariff Case
The Federal Circuit ruling is not the final step. Trump’s legal team has the option to appeal to the Supreme Court. If the case proceeds, Neal Katyal will continue to argue that Congress, not the president, holds the authority to regulate tariffs under the Constitution.
A Supreme Court ruling in line with Neal Katyal’s argument could permanently restrict unilateral presidential action on tariffs. Such a decision would not only affect Trump’s policies but also set a precedent for future administrations.
Neal Katyal’s Role in Shaping Constitutional Law
Neal Katyal’s career illustrates how a single lawyer can have a lasting impact on constitutional law, trade policy, and the balance of power in the federal government. His arguments in the Trump tariff case go beyond economics, striking at the core of how executive power is defined under the Constitution.
At the same time, Neal Katyal’s career highlights the growing influence of Indian-American lawyers in the US judiciary. From his landmark victories to his ongoing role in trade-related litigation, Neal Katyal continues to be a decisive figure in American law.
