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Trump Administration Files Supreme Court Brief Defending Global Tariffs Before Nov. 5 Hearing

The case could curb executive trade powers, potentially triggering large tariff refunds.

Overview

  • U.S. Solicitor General D. John Sauer told the justices that IEEPA’s authority to “regulate importation” permits tariffs and urged deference to presidential emergency determinations.
  • The Supreme Court set oral arguments for Nov. 5 on a fast track, with challengers’ briefs due around Oct. 20 following the government’s Friday filing.
  • A 7–4 Federal Circuit ruling said IEEPA likely does not authorize sweeping, long-duration duties, but the court stayed its decision so the tariffs remain in effect.
  • The consolidated challenges were brought by small businesses, Learning Resources and Hand2Mind, and a coalition of states that cite severe economic harms from the duties.
  • Analysts report that a ruling against the administration could sharply cut the effective U.S. tariff rate and require repayment of tens of billions collected under the tariffs.