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The Most Important Supreme Court Case of Year So Far

The Supreme Court examined whether the International Emergency Economic Powers Act permits tariffs during a national emergency, with skepticism from multiple justices noted by trade experts.

  • On Wednesday, the Supreme Court of the United States heard oral arguments over President Donald Trump’s use of the 1977 International Emergency Economic Powers Act to impose tariffs, with justices spending over two and a half hours on presidential power and constitutional limits.
  • The challenge stems from the statute’s wording in the 1977 International Emergency Economic Powers Act, with a dozen states and seven small businesses claiming the tariffs cause harm, and Gutman saying Congress excluded tariffs as taxes.
  • U.S. Solicitor General D. John Sauer argued Congress granted broad authority under IEEPA for regulatory tariffs, citing Nixon-era precedent, while Kagan questioned the absence of revenue language, saying, `If you look at the flip side of this and you look at all the tariff statutes that Congress has passed, I mean, they use language about revenue-raising, tariffs and duties and taxes, all the language that does not appear in the statute you rely on.`
  • If the court rejects the IEEPA theory, about $90 billion in collected revenue is in question, risking billions in tariff refunds to U.S. importers under the fast-track schedule with a potential ruling by year’s end.
  • Several justices suggested constitutional limits on executive tariff powers, with shares of General Motors and Ford rising 2.8% and 2.5% on Wednesday as Chief Justice John G. Roberts said, `You have a claimed source in IEEPA that had never before been used to justify tariffs`.
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Finance & Commerce broke the news in on Wednesday, November 5, 2025.
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