Overview
- During nearly three hours of arguments, a majority questioned using IEEPA to justify broad import duties, though several conservatives probed the statute’s phrase “licenses or otherwise” and a Ford-era fee precedent that could sustain the policy.
- The justices focused on both statutory text and constitutional limits, with Chief Justice John Roberts and Justice Neil Gorsuch highlighting Congress’s primacy over taxation and concerns about expansive delegations of power.
- The tariffs remain in force as the Court considers a decision expected in December 2025 or January 2026, leaving businesses and states awaiting clarity.
- Economists and officials estimate roughly $115–$145 billion has been collected; Treasury Secretary Scott Bessent cautioned that substantial refunds could strain the Treasury, and experts say reimbursements would likely require claims and lengthy proceedings.
- Even if IEEPA is rejected, analysts say the administration could pivot to other trade statutes—such as Sections 301, 232, 122 or 338—to reconstitute similar import charges.