Overview
- Conservative and liberal justices pressed the administration on whether IEEPA’s mandate to “regulate importation” clearly authorizes tariffs, with Chief Justice John Roberts calling the asserted power a potential misfit.
- Solicitor General D. John Sauer faced pointed questions from Justices Neil Gorsuch and Amy Coney Barrett, who challenged the claim that a broad, unilateral tariff power resides in an emergency statute.
- Every lower court to hear the case ruled the IEEPA theory unlawful, including a Federal Circuit decision finding no clear congressional authorization, yet the tariffs remain in effect during the Supreme Court’s review.
- The fiscal and economic stakes are large, with roughly $89 billion collected through September and U.S. average tariffs rising to 17.9%, raising questions about potential refunds and Treasury exposure if the levies fall.
- Even if the IEEPA-based tariffs are struck down, experts note the administration could pivot to other authorities such as Sections 301, 232, 122, or 338 to maintain aggressive trade measures, though each carries limits and tradeoffs.