Overview
- Oral arguments on Nov. 5 will consolidate Learning Resources Inc. v. Trump and Trump v. V.O.S. Selections Inc., with the contested IEEPA tariffs remaining in effect during review.
- Trump said he will not attend the hearing to avoid creating a distraction, after previously considering an unprecedented appearance.
- The central question is whether the International Emergency Economic Powers Act authorizes sweeping, revenue-raising tariffs, raising a separation‑of‑powers clash with Congress’s Article I authority.
- A divided Federal Circuit ruled 7–4 in August that many IEEPA‑based tariffs are unlawful and stayed enforcement pending appeal, following adverse rulings in lower courts.
- U.S. businesses have paid nearly $90 billion under the challenged tariffs, fueling potential refund fights and business disruption, while a ruling could push the administration toward narrower tools such as Sections 232, 301 or 201; a decision is expected months after argument.