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Supreme Court Questions Legality of Trump’s Emergency Tariffs During Arguments

The case could curtail emergency trade powers, putting roughly $90 billion in collections at risk.

Overview

  • Justices from both blocs, including Chief Justice John Roberts, pressed the administration on whether tariffs function as taxes reserved to Congress.
  • The dispute turns on whether IEEPA’s authorization to “regulate importation” permits tariff-setting, after lower courts ruled the president likely exceeded that statute and invoked the major-questions doctrine.
  • The consolidated challenges target global “reciprocal” duties and fentanyl-related tariffs on China, Canada and Mexico, while sectoral levies under other laws are not at issue.
  • The tariffs remain in force as the court deliberates, with U.S. Customs reporting about $89–90 billion collected and businesses seeking potential refunds if the measures fall.
  • The administration urges deference based on foreign affairs and national security and has asked for a swift ruling, as small firms and 12 states argue trade deficits and drug flows are not “unusual and extraordinary” emergencies under IEEPA.