STEVE INSKEEP, HOST:
One of the six Republicans who voted against the president is Congressman Kevin Kiley of California, who's on the line. Congressman, good morning.
KEVIN KILEY: Good morning.
INSKEEP: I think it's illuminating to describe the mechanics of exactly what you did here. The president declared an emergency under a particular law to justify tariffs. So what did you then vote for or against?
KILEY: Yeah. So in this case, the president declares an emergency and then claims that that gives him the authority to impose tariffs. So Congress actually has an obligation under the National Emergencies Act to review every six months whether that emergency still exists. And - but House leadership, through an accounting trick, has been stopping us from actually doing that with respect to this emergency and others that the president has declared.
And so a couple days ago, we finally overcame that and restored the ability of Congress to make that determination. And what we voted on yesterday was whether the emergency that he had declared with respect to Canada, which actually concerns fentanyl, still exists. And actually, to the extent that there was one, Canada has cracked down on fentanyl. And so my review of the facts suggested that this was the time to say that it is - the basis for the emergency has lapsed, and it's not appropriate to extend it another six months.
INSKEEP: I do love thinking about this parliamentary trick that you're referring to. As I understand it, House Republican leaders declared about a year ago that the next many, many, many days of legislative sessions, for purposes of the law, will count as only one day so that no days would pass toward this deadline where you could vote. Is that right?
KILEY: Yeah, basically. I mean, every six months, Congress actually has an obligation to say, is this emergency still in existence? And then it's sort of, like, a 15-day trigger once you reach that point. And so what the rule that the House leadership has adopted repeatedly now says is that from such-and-such time to such-and-such time - in this case, it would have been till July - those are not days. So even though days are passing, these don't count as days on the calendar.
INSKEEP: Has Congress then been abdicating its authority to restrain and oversee the president?
KILEY: Well, certainly, Congress has not been executing the authority that has been established under this particular statute for Congress to sort of have this check-and-balance built into the system. And so that's what we've now restored.
INSKEEP: So on the substance, would you presume that tariffs themselves are a bad idea in this case - the president's tariffs on Canada?
KILEY: Well, in this particular case, there's absolutely no doubt that, you know, it has had an impact on prices when it comes to cars and when it comes to construction in particular. And, you know, I think we've heard a lot of feedback on that. There's also a special issue with respect to Canada because we have a free trade agreement here that was pretty recently signed. So I think if you have other votes on other tariffs, there will be different considerations in play. But that's how I approach this sort of thing, you know?
INSKEEP: Why do you think it is that so many of your Republican colleagues have not voted that way, have not seen it that way, have not been willing to challenge the president on this?
KILEY: You know, I can't speak for them. I know that there are some of us who believe that it is important that Congress is involved here and, you know, whatever your particular view is on tariff policy in general or this particular set of tariffs, that this is an issue where Congress was meant to have a role. And so I think that that's what you saw some of us asserting yesterday.
INSKEEP: And you're saying that some of your lawmakers have not been willing to do their jobs?
KILEY: No, that's not what I'm saying at all. People have...
INSKEEP: Right.
KILEY: ...Different reasons for viewing these things differently. And even in this particular case, maybe some had - came to the determination that whatever the basis for the emergency was was ongoing. So I wouldn't, you know, characterize it that way. But I do believe that all of us, you know, should have the right to vote and to vote according to the facts and the right policy as we see it.
INSKEEP: The president, as I understood it, has said that he is willing to support primary challengers to those who disagreed with him on this issue. That would include you. Do you think there's a serious threat? I heard you chuckle. Do you think it's a serious threat? And do you think that you're representing your constituents with this vote?
KILEY: I do. I think that - you know, I ran for office pledging to be an independent voice for my district. And I think that, you know, the folks I represent know that I believe very firmly in the importance of checks and balances and the authority of Congress under Article 1. And so, you know, I try to do what I think is right by my district, by my state, by the country. And you can't really just, you know, approach every vote thinking about what the downstream political obstacles might be.
INSKEEP: The president has supported primary challengers to other people who were, in turn, defeated. Are you ready for that?
KILEY: I'm ready to run on my record. And I'm confident that my constituents will, you know, judge it accordingly.
INSKEEP: How are you feeling overall about Republicans in the 2026 election, the fall election coming up?
KILEY: Well, you know, it's going to be, I think, a really important election for the country, and I think affordability is going to be front and center. And so I think that there's ways in which we've made important progress. I think that this particular, you know, vote yesterday is part of that. But I think there are areas where we, you know, have more work to do. In my state, in particular, in California, we have the highest cost of living in the country, so that's going to be a continued focus for me this year.
INSKEEP: Republican Congressman Kevin Kiley of California. Thanks for your time.
KILEY: Of course. Thanks for having me. Transcript provided by NPR, Copyright NPR.
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