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Supreme Court to Hear Challenge to Trump’s IEEPA Tariffs on Wednesday

The hearing will test whether a 1977 emergency law lets a president levy import taxes without Congress, with roughly $90 billion and the scope of executive power on the line.

Overview

  • President Trump said he will not attend the oral arguments, citing a desire to avoid distracting from the case.
  • Lower courts, including a 7–4 en banc ruling by the Federal Circuit in August, found many of the IEEPA-based tariffs unlawful, though the duties remain in effect during review.
  • U.S. Customs data show American businesses have paid nearly $90 billion under the disputed tariffs through September 23, raising the prospect of complex refund claims if the measures are struck down.
  • The consolidated cases were brought by small importers and a coalition of 12 states, including Learning Resources, Inc. v. Trump and V.O.S. Selections, Inc. v. Trump.
  • The administration argues the tariffs address national emergencies and says it could use other, more constrained trade statutes if IEEPA authority is rejected, while a win could broaden presidential power in trade policy.