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Supreme Court Signals Skepticism of Trump’s IEEPA Tariffs in Testy Hearing

A ruling could curb presidential trade powers, potentially forcing repayment of billions in duties.

Overview

  • The justices heard nearly three hours of arguments on whether the 1977 IEEPA allows the president to impose sweeping import tariffs.
  • Several conservatives, including Chief Justice John Roberts, Amy Coney Barrett, and Neil Gorsuch, questioned the claim that tariffs are not taxes reserved to Congress.
  • The contested “reciprocal” duties reach roughly 190 countries at rates around 10% to 50%, separate from sector-specific measures like steel and autos.
  • Lower courts have deemed parts of the program unlawful but left the duties in effect pending review, raising the prospect of large refunds if the Court strikes them down.
  • Treasury Secretary Scott Bessent and U.S. trade representative Jamieson Greer attended the session as Trump called the case a “matter of life or death.”