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14h ago

Supreme Court to Hear Challenge to Trump's Emergency Tariffs on Nov. 5 After President Declines to Attend

The justices will weigh if IEEPA permits sweeping import duties without congressional approval.

A container ship sits docked at the Port of Oakland on October 10 in Oakland, California.
President Donald Trump shakes hands with European Commission President Ursula von der Leyen after the two leaders reached a trade agreement in July.
U.S. President Donald Trump signs an executive order on tariffs, in the Rose Garden at the White House in Washington, D.C., U.S., April 2, 2025. REUTERS/Leah Millis/File Photo

Overview

  • Oral arguments on Wednesday will consider consolidated challenges by small businesses and 12 states to the administration’s use of IEEPA to levy broad tariffs.
  • President Trump said he will skip the hearing to avoid creating a distraction, after previously floating an unprecedented appearance.
  • A 7–4 Federal Circuit decision held many of the IEEPA-based tariffs unlawful, though the measures remain in force during the appeal.
  • American importers have paid nearly $90 billion under the contested tariffs as of late September, raising the prospect of complex refund questions if the measures are struck down.
  • The ruling could reshape executive trade powers, while sector‑specific duties imposed under other laws such as Section 232 are not directly at issue.