Overview

• Justices granted consolidated, expedited review of Learning Resources v. Trump and Trump v. V.O.S. Selections, with opening briefs due Sept. 19 and oral arguments in the first week of November.
• The reciprocal and fentanyl tariffs remain in force during the appeal, and a defeat for the administration could trigger refunds estimated at roughly $159–$161 billion.
• Both the Court of International Trade and the Federal Circuit held that IEEPA does not clearly authorize broad, revenue-raising tariffs, with the appeals court ruling 7–4 and invoking the major-questions doctrine.
• The challenged measures include a 10% broad-based tariff with higher ‘reciprocal’ rates and separate fentanyl/trafficking duties on Canada, China, and Mexico, contested by small importers and a coalition of 12 states.
• The Supreme Court’s decision will not affect tariffs imposed under Sections 232 and 301, and reporting indicates the administration is preparing alternative statutory routes such as Sections 122, 232, 301, and AD/CV duties.