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Trump’s tariffs to face legal test before U.S. Supreme Court next week
The Supreme Court will assess if Trump's tariffs exceed the International Emergency Economic Powers Act, with tariffs raising U.S. rates by over 13 percentage points, the Tax Foundation said.
- Next week the U.S. Supreme Court will hear arguments testing whether President Donald Trump's use of the International Emergency Economic Powers Act to impose tariffs is lawful, with oral arguments set for November 5.
- The major questions doctrine holds that Congress must use clear language to authorize sweeping executive economic actions, while the 1977 International Emergency Economic Powers Act does not mention tariffs, raising doubts about its scope.
- The Washington-based Tax Foundation says the government has collected more than US$88 billion from tariffs, after lower courts ruled they exceeded IEEPA in a 7-4 decision.
- If the court rules against the administration, both the 'reciprocal' and fentanyl-related duties would be illegal, forcing President Donald Trump to rely on Congress for new tariffs instead of unilateral action.
- The court's prior use of the doctrine means the Supreme Court's commitment to the major questions doctrine is central, though Justice Brett Kavanaugh's concurrence and Judge Richard G. Taranto's dissent, supported by Curtis A. Bradley and Jack Goldsmith last month, contest its application here.
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Total News Sources8
Leaning Left5Leaning Right1Center2Last UpdatedBias Distribution63% Left
Bias Distribution
- 63% of the sources lean Left
63% Left
L 63%
C 25%
12%
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