"In Learning Resources, Inc. v. Trump, No. 24-1287, and Trump v. V.O.S. Selections, Inc., No. 25-250, the Court will address fundamental questions about the scope of presidential power to regulate international trade during declared national emergencies. The cases challenge Trump's "Trafficking Tariffs" (imposing duties on all goods from Canada, China, and Mexico as leverage against on fentanyl import concerns) and "Reciprocal Tariffs" (applying across-the-board duties of 10-50% on imports from virtually all other countries to address imbalances in the trade in goods)."
"The Federal Circuit struck down the tariffs in a 7-4 en banc decision in August 2025, finding that IEEPA's grant of power to "regulate" imports may include some tariff setting, but it does not encompass the virtually unlimited tariff authority sought by the President. The Learning Resources case is not based upon a substantive ruling from the D.C. Circuit, but only a stay of lower court injunctions."
The Supreme Court granted certiorari and consolidated two cases challenging broad presidential tariff actions, with expedited briefing and November 2025 oral arguments. The challenges target Trafficking Tariffs on goods from Canada, China, and Mexico tied to fentanyl concerns, and Reciprocal Tariffs imposing 10–50% duties on most other imports to address trade imbalances. The Federal Circuit, sitting en banc, invalidated the tariffs in a 7–4 decision, holding that IEEPA may permit limited tariff regulation but does not authorize the virtually unlimited tariff authority claimed by the President. The Department of Justice filed a prompt petition for certiorari.
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