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yesterday

Supreme Court Set to Hear Challenge to Trump’s Emergency Tariffs as President Declines to Attend

The consolidated cases test whether a 1977 emergency law lets a president set import duties, a decision that could reorder trade authority and billions in tariff receipts.

A container ship sits docked at the Port of Oakland on October 10 in Oakland, California.
The Supreme Court in Washington, Trump WarnsTariff Ruling Could Reshape Presidential Power and U.S. Economy

Overview

  • Oral arguments on Nov. 5 will be heard in Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc., which have been consolidated before the Court.
  • President Trump said he will not attend the hearing, citing a desire to avoid distracting from the proceedings.
  • Lower courts, including a 7–4 ruling by the Federal Circuit in August, found the IEEPA-based tariffs unlawful, though the duties remain in force during the appeal.
  • Roughly $80–90 billion has been collected from the challenged tariffs, and small businesses and about a dozen states are pressing claims that tariff-setting belongs to Congress under Article I.
  • The justices could uphold or strike the IEEPA tariffs, with potential refunds and trade-deal consequences, and the administration has signaled it could pivot to narrower authorities like Section 232, Section 301, or a 150-day 15% option if it loses.