Supreme Court Tariffs Case Will Test Limits of Presidential Emergency Powers

"On November 5, the Supreme Court will hear oral argument in a case testing the limits of presidential emergency powers. At issue is whether a president may use the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on imports from countries around the world. The stakes of this case reach far beyond trade policy. The Court's decision could shape whether the use of emergency powers to bypass Congress becomes a tool of routine governance, with profound implications for the constitutional separation of powers and limits on presidential authority."

"The case arose after President Trump declared three national emergencies to impose tariffs on Canada, Mexico, and China, followed by a fourth national emergency to impose a 10 percent global tariff plus "reciprocal" tariffs of up to 50 percent on selected countries and corporations. He justified each of these measures as a response to an "unusual and extraordinary threat" to U.S. national security, foreign policy, and/or economy."

On November 5 the Supreme Court will hear a case testing whether a president may use the International Emergency Economic Powers Act (IEEPA) to impose broad tariffs on imports. The litigation stems from President Trump's declarations of national emergencies to impose tariffs on Canada, Mexico, China, and a fourth emergency imposing a 10 percent global tariff plus reciprocal tariffs up to 50 percent. The administration characterized these measures as responses to an "unusual and extraordinary threat" to national security, foreign policy, or the economy. Corporations and states sued, and the Brennan Center argued that longstanding trade imbalances are not emergencies and IEEPA does not authorize tariffs.

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