Overview
- Conservative and liberal justices pressed the government on using the 1977 IEEPA to levy duties, noting the law does not expressly authorize tariffs.
- Lower courts have already ruled much of the program unlawful, and the tariffs remain in force while the Supreme Court deliberates, with a ruling expected in weeks or months.
- The tariff regime is global, including a 15% baseline on EU imports alongside higher sectoral rates for steel, aluminum and autos.
- Plaintiffs include small import-reliant firms and 12 states, and the duties have raised roughly $89 billion, prompting questions about how refunds would work if the levies fall.
- Officials have signaled potential fallback options such as Tariff Act Section 338, and trading partners are adjusting, with China set to lift some tariffs on US farm goods on November 10.