Overview
- Oral arguments on November 5 will hear consolidated challenges in Learning Resources Inc. v. Trump and Trump v. V.O.S. Selections, brought by small importers and a coalition of twelve states.
- The core issue is whether the 1977 IEEPA authorizes tariffs, raising separation‑of‑powers questions since Article I assigns taxing and tariff authority to Congress.
- The Court of International Trade and a 7–4 en banc Federal Circuit ruling found the IEEPA tariffs unlawful, but duties remain in effect pending the Supreme Court’s review.
- American businesses had paid nearly $90 billion in the contested IEEPA tariffs by September 23, according to U.S. Customs and Border Protection, while total FY2025 duty revenue reached $215.2 billion per Treasury.
- Trump said he will not attend the hearing after previously considering it, as the administration argues the tariffs serve national‑security and negotiating aims and opponents warn of potential refunds and trade‑deal uncertainty if the policy falls.