Overview
- During nearly three hours of arguments on Nov. 5, conservative Justices John Roberts, Amy Coney Barrett and Neil Gorsuch voiced skepticism, with Roberts noting the tariffs operate as taxes on Americans.
- Trump invoked the 1977 International Emergency Economic Powers Act to impose sweeping “reciprocal” duties of 10% to 50%, portions of which lower courts have deemed unlawful but allowed to remain in effect pending appeal.
- Democratic-led states and affected companies argue the statute never authorizes tariffs and that Congress controls taxation and trade, while the administration says tariffs are a regulatory tool for import control and national emergencies.
- Billions have already been collected under the duties, and an adverse ruling could trigger repayments and curb unilateral trade leverage, though sector-specific measures under other statutes would be unaffected.
- Treasury Secretary Scott Bessent attended the hearing as Trump called the case a “question of life or death,” and a ruling could arrive within weeks or by the end of the Court’s term in June.