Milbank LLP Litigation & Arbitration partner Neal Katyal was named “Litigator of the Week” by The AmLaw Litigation Daily, recognizing him as one of the nation’s leading advocates following his landmark victory before the Supreme Court of the United States. In a 6–3 decision, the Court held that the president lacked authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose sweeping tariffs without clear congressional authorization, striking down the tariff regime and reaffirming constitutional limits on executive power.
Neal, with Milbank Litigation & Arbitration partner Colleen Roh Sinzdak and associates Samantha Ilagan, Jessica Huang and Chase Hanson, and the Liberty Justice Center, represented five small businesses that challenged the tariffs, advancing a separation of powers argument centered not on policy preferences, but on the structural safeguards of constitutional government. The decision underscores the primacy of Congress in setting tariffs and reinforces foundational rule of law principles governing the exercise of executive authority.
In an interview with The AmLaw Litigation Daily, Neal discusses the significance of the case and the impact of the Supreme Court’s historic decision, working with the Liberty Justice Center and how he and the team prepared for his oral argument at the Supreme Court.
Discussing the historic significance of the decision, Neal says, “the Supreme Court has rarely, if ever, struck down a president’s signature policy over the 200-plus years of the republic, but it did here, because it recognized what a ruling the other way would have meant.” He also notes, “It was critically important to me that we litigate the case not about any one president, but about the presidency in general. I’ve taught separation of powers 20x, written extensively about it, and felt like my entire career had been preparing me for this moment.”
Neal leads Milbank’s Supreme Court and Appellate practice and focuses on appellate and complex litigation, with extensive experience in all sorts of matters of federal and state law. He is one of a few living individuals to have argued more than 50 cases before the Supreme Court of the United States. Before entering private practice, Neal served as Acting Solicitor General of the United States.
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