Overview
- Oral arguments on Nov. 5 will consolidate Learning Resources v. Trump and V.O.S. Selections v. Trump, and the contested IEEPA-based tariffs remain in force during the appeal.
- President Trump said he will not attend the hearing and warned that a loss could bring national "ruination," after declaring emergencies tied to trade deficits and fentanyl to justify the levies.
- The Federal Circuit ruled 7–4 in August that IEEPA does not authorize the tariffs, after earlier rulings against the administration, with plaintiffs including small businesses and 12 states.
- U.S. businesses have paid nearly $90 billion under the IEEPA tariffs as of late September, raising the prospect of complex refunds and uncertainty for trade agreements linked to the duties.
- The case tests Article I limits on taxation and the breadth of emergency powers, and experts note the administration could pivot to narrower tools like Sections 232 or 301 if IEEPA is struck down.