Overview

• The Justice Department filed a petition and a motion to expedite, asking the justices to accept the case within days and hold oral arguments in early November.
• The Federal Circuit concluded that the International Emergency Economic Powers Act does not grant authority to impose broad, long-duration tariffs, but it stayed its ruling so the challenged duties remain for now.
• The case targets Trump’s April 2 “reciprocal” tariffs of 10%–50% on most imports and separate fentanyl-related tariffs on Canada, China and Mexico, while sectoral levies on steel, aluminum and autos under other statutes are not at issue.
• Treasury Secretary Scott Bessent warned in a court declaration that uncertainty is undermining trade negotiations and that striking down the tariffs could force substantial refunds after receipts reached about $159 billion by late August.
• The challenges were brought by five small businesses and 12 states, whose lawyers back an accelerated schedule as they argue the tariffs are causing serious economic harm; Trump has said preliminary trade deals could be unwound if the duties fall.