Overview
- The justices accepted the administration’s expedited appeal and will hear the case in early November, while the contested tariffs remain in force under existing stays.
- A Federal Circuit ruling on Aug. 29 held that IEEPA does not authorize broad, country-specific tariffs and paused enforcement until at least Oct. 14 to allow appeal.
- Treasury Secretary Scott Bessent said the government would owe refunds on about half the tariffs if the policy is struck down, warning refunds could reach $750 billion to $1 trillion if a final ruling is delayed.
- The Supreme Court also took a related challenge from toy maker Learning Resources, as small importers and 12 states press claims that Congress—not the president—controls tariff powers under the Constitution.
- Officials say alternative statutes, including Section 232 and other targeted tools, are being prepared to preserve portions of the tariff regime if the IEEPA approach fails.