Trump Trade 2.0: Supreme Court Agrees to Review Challenges to the IEEPA Tariffs

Supreme Court Agrees to Review Challenges to the IEEPA Tariffs

On September 9, the Supreme Court announced that it will hear the Trump Administration’s challenge to lower court rulings that the President exceeded his authority in issuing Reciprocal and Trafficking Tariffs under his International Emergency Economic Powers Act (IEPPA) authority. 

The court will determine two questions - Whether IEEPA authorizes the tariffs imposed by the President pursuant to the national emergencies declared, and, if IEEPA authorizes the tariffs, whether the statute unconstitutionally delegates legislative authority to the President.

The Supreme Court has expedited its review with a decision likely before the end of the year. The Administration has until September 19 to file its opening brief in the case, while the initial petitioners, consisting of several states and small businesses, have until October 20 to file their responses.

Interested parties in support of the Administration may file amicus briefs until September 23 and supporters of the petitioners will have until October 24. Oral arguments are scheduled for the first week of November.

The IEEPA tariffs remain in effect during the Supreme Court's review.

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Are you concerned about the impacts of the outlined trade issues? Please contact Sarah Helton, Michael Best Strategies’ Trade Practice Lead at sarah.helton@michaelbest.com for assistance.