Overview
- Oral arguments are set for Nov. 5 in Learning Resources, Inc. v. Trump, consolidated with Trump v. V.O.S. Selections, in a fast-tracked review of the tariff program.
- The Federal Circuit ruled 7–4 that using the International Emergency Economic Powers Act to levy tariffs is unlawful, and the decision below did not require immediate withdrawal of the duties.
- A coalition of more than 700 small and mid-sized businesses filed an amicus brief describing severe disruptions, citing sudden rate swings such as a jump to 145 percent on some China imports, a later drop to 30 percent, and a threatened 100 percent increase on Nov. 1.
- The administration argues the tariffs are authorized and that major-questions and non-delegation doctrines do not bar them, while challengers say IEEPA contains no tariff authority and would unconstitutionally shift taxing power to the executive.
- Commentary underscores skepticism about the administration’s position, including a survey finding only about 20 percent of experts expect the tariffs to be upheld, and outlines potential fallback routes such as new legislation, use of Smoot-Hawley Section 338, or a national-security rationale.