Overview
- Conservative and liberal justices questioned the administration’s claim that the International Emergency Economic Powers Act permits sweeping tariffs, highlighting separation‑of‑powers concerns and the major‑questions doctrine.
- Chief Justice John Roberts called tariffs a core congressional taxing power, Justice Sonia Sotomayor said the law does not authorize raising revenue, and Justice Neil Gorsuch warned against a one‑way shift of authority to the executive.
- The tariffs remain in effect while the Court deliberates, even though lower courts ruled IEEPA does not authorize the duties in cases brought by 12 states and several small businesses.
- Prediction markets slashed the odds of the administration prevailing to roughly 21%–24% after arguments, reflecting broad skepticism perceived from the bench.
- Analysts estimate $115–$145 billion in IEEPA-based duties could be subject to complex, slow refunds if the tariffs fall, and experts say the administration could pivot to other authorities such as Sections 301, 232, 122 or 338 to reimpose restrictions.