Trump Tariffs Face Huge Test in US Supreme Court
Bloomberg Television·2025-11-05 22:56

Case Overview - The Supreme Court is hearing a major case concerning President Trump's authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA) [1] - The central question is whether the President can use IEEPA to impose tariffs, given that the act doesn't explicitly mention tariffs or duties [1][2] - Lower courts, including the International Court of Trade, have ruled against the President's use of IEEPA for tariffs [3] Legal Arguments - The President argues that the fentanyl crisis and trade deficit constitute "unusual and extraordinary circumstances," justifying the use of emergency powers [2] - Opponents argue that imposing tariffs is a power that belongs to Congress, not the President [2] - Amicus briefs overwhelmingly oppose the tariffs, with 40 briefs against and 10 in favor, including submissions from the Chamber of Commerce, small businesses, and law professors [4] Key Players - The plaintiffs are small businesses, including a wine exporter and a toy goods company [5] - Neal Katyal, a former acting solicitor general with an hourly rate of $3,000, is arguing for the plaintiffs [5] - The solicitor general is arguing on the other side, representing the government [6] Potential Outcomes and Implications - A ruling against the President would limit the use of IEEPA for imposing tariffs [10] - Even if the President loses the case, the administration may seek other ways to implement tariffs [11] - Bloomberg Economics estimates the U S is collecting $556 million daily in IEEPA tariffs, projecting over $140 billion by the end of 2025, raising questions about potential reimbursements [13]