Overview
- Oral arguments begin today in consolidated cases testing whether IEEPA’s text allowing a president to “regulate importation” permits unilateral tariffs of global scope and duration.
- Lower courts ruled that the administration exceeded its authority under IEEPA, but the tariffs remain in effect while the Supreme Court reviews the dispute.
- Roughly $89–90 billion collected from IEEPA-based duties could be subject to refund claims if the justices invalidate the program, according to Customs data cited by budget analysts.
- The justices are expected to weigh statutory text, Article I’s assignment of tariff powers to Congress, and the court’s major-questions doctrine requiring clear authorization for actions of vast economic significance.
- The administration has indicated it would pivot to narrower authorities such as Section 301 or Section 232 if it loses, with Treasury Secretary Scott Bessent attending arguments as the president skips.