Overview
- Oral arguments on November 5 will test whether the International Emergency Economic Powers Act authorizes President Trump’s broad “Liberation Day” tariffs.
- The duties remain in force during the case, even after two lower courts—including a 7–4 Federal Circuit ruling—found the IEEPA tariffs unlawful.
- Small businesses and a coalition of 12 states brought the challenges, arguing the levies burden firms and consumers and intrude on Congress’s Article I tariff power.
- U.S. Customs data show nearly $90 billion had been collected under the disputed tariffs by late September, and an adverse ruling could trigger complex refund claims.
- Rates have reached up to 50% on key partners and as high as 145% on China, with some countries striking deals as the administration defends the tariffs as vital to national security and leverage in negotiations.