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Supreme Court Set to Hear Test of Trump’s Emergency Tariff Powers

The justices will decide whether IEEPA clearly authorizes unilateral tariffs.

Overview

  • Oral arguments begin Wednesday with the tariffs still in effect despite lower-court rulings that found the IEEPA-based regime unlawful.
  • Challengers that include small businesses and Democratic-led states say the duties operate as taxes on Americans and invoke the major-questions doctrine.
  • The Justice Department defends the levies as regulatory tariffs addressing foreign threats and cites Judge Richard Taranto’s Federal Circuit dissent as support.
  • Treasury Secretary Scott Bessent plans to attend the hearing, the president will not, and officials emphasize economic and national-security stakes.
  • Customs collections reached about $195 billion in FY2025 with Deutsche Bank estimating roughly half tied to IEEPA, and the administration signals fallback authorities such as Sections 232, 301 and 338 if it loses.