Overview
- During Nov. 5 oral arguments, Chief Justice John Roberts and Justices Neil Gorsuch and Amy Coney Barrett questioned the administration’s claim that IEEPA authorizes tariff-setting, noting the statute never mentions tariffs or taxes.
- Lower courts struck down the IEEPA-based duties, and the Supreme Court took the cases on an expedited basis, with the tariffs remaining in effect pending a ruling.
- The major-questions doctrine featured prominently as multiple justices probed whether actions of vast economic significance require clearer congressional authorization.
- U.S. Customs and Border Protection reports roughly $89 billion collected under the IEEPA tariffs, and officials warned a defeat could trigger complex refund claims.
- The consolidated challenges include small businesses and 12 states, and lawyers noted the government could pivot to narrower, time-limited tariff tools under other trade laws if these measures fall.