Particle.news
Download on the App Store

Supreme Court to Hear Challenge to Trump’s Emergency Tariffs on Nov. 5

The case tests IEEPA’s reach against Congress’s tariff power with roughly $90 billion at stake.

Overview

  • Oral arguments will consolidate Learning Resources Inc. v. Trump and Trump v. V.O.S. Selections Inc., targeting the legality of tariffs imposed under the International Emergency Economic Powers Act.
  • President Trump said he will not attend the hearing, calling the decision one of the most consequential of the court while warning of severe consequences if he loses.
  • Lower courts, including a 7–4 Federal Circuit ruling, found IEEPA does not clearly authorize sweeping import taxes, but the tariffs remain in effect pending the Supreme Court’s review.
  • The justices will consider statutory text, the Nixon-era Yoshida precedent, deference to presidential emergency findings, and the major-questions doctrine raised by challengers.
  • If the tariffs are struck down, businesses could pursue refunds and the administration would likely pivot to narrower authorities such as Sections 232 or 301, which are slower and more limited.