Overview
- During oral arguments, justices from across the Court pressed the administration on whether IEEPA permits sweeping global tariffs without explicit direction from Congress.
- Questions centered on the major-questions and non-delegation doctrines, with the statute’s silence on the word “tariffs” drawing repeated scrutiny.
- Justice Clarence Thomas asked why the major-questions doctrine would not apply to the president here, and Justice Neil Gorsuch probed the limits of Congress delegating tariff power.
- Justices Amy Coney Barrett and Sonia Sotomayor challenged the argument that IEEPA’s authority to regulate imports stretches to unilateral tariff imposition.
- Legal experts said the Court could either narrowly read IEEPA to avoid a constitutional ruling or directly curb presidential tariff authority, with a decision expected by late June.