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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.

U.S. President Donald Trump delivers remarks on tariffs in the Rose Garden at the White House in Washington, D.C., U.S., April 2, 2025. REUTERS/Carlos Barria/File Photo
The US Supreme Court is seen in Washington, DC, March 2, 2025.
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U.S. Associate Supreme Court Justices Samuel Alito, Jr., Clarence Thomas and Brett Kavanaugh and U.S. Supreme Court Chief Justice John Roberts look on during inauguration ceremonies in the Rotunda of the U.S. Capitol on January 20, 2025, in Washington, DC.

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.