US EditionTrump's Tariffs On Trial: Supreme Court Preview
Small businesses argue Trump’s tariffs under the 1977 emergency law impose an illegal $3 trillion tax over 10 years, challenging presidential overreach in trade policy.
- On Sept.5, the U.S. Supreme Court granted certiorari and set an expedited schedule, with oral arguments on November 5 in cases where small businesses challenge tariffs as an illegal tax.
- The disputed tariffs were issued under IEEPA — 1977, which does not specifically mention tariffs, but five executive orders earlier in the year established the tariff program, including April 2 'Liberation Day' tariffs.
- Lower courts have ruled against the administration: the U.S. Court of International Trade granted injunctive relief in May, stayed pending appeal, and the Federal Circuit upheld rulings in August, marking three wins for taxpayers.
- At the micro level, the litigation centers on 12 state governments and importers, with only importers entitled to refunds and hedge funds offering 20 percent to buy recovery rights.
- Several justices view this as an opportunity to revisit nondelegation, as IEEPA's lack of an intelligible principle raises central nondelegation concerns for the Supreme Court's conservative justices.
45 Articles
45 Articles
A Supreme Court showdown looms for Trump
On November 5 the US Supreme Court will begin hearing arguments about the legality of President Donald Trump’s tariffs. As important as the tariff issue is, the stakes are much higher than that.Trump has been claiming vast powers, at the expense of other branches of government, on the grounds of various “emergencies”. He has used these claims to justify sending troops to US cities and deporting non-citizens without due process under a law dating…
keenesentinel.com
Supreme Court is told Trump tariffs are illegal $3 trillion tax
Small businesses challenging many of President Donald Trump’s global tariffs urged the U.S. Supreme Court to affirm lower court rulings that the import levies amount to a massive illegal tax on American companies. Trump usurped the power of Congress to…
Trump's Tariffs On Trial: Supreme Court Preview
In this episode of Tax Notes Talk, Tax Notes contributing editor Robert Goulder discusses the upcoming oral arguments before the Supreme Court on the validity of the Trump administration's recent reciprocal tariffs and speculates on the Court's reaction.
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