CUSTOMS LITIGATION | 2025-12-19

Supreme Court Considers IEEPA Tariff Constitutional Challenge: Justices Express Deep Skepticism About Presidential Authority to Impose Duties Without Congressional Authorization

On November 5, 2025, the Supreme Court heard nearly three hours of oral arguments in consolidated cases Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc., as justices across the ideological spectrum questioned whether IEEPA grants the President authority to impose tariffs. A decision expected late 2025 or early 2026 could result in refunds to over 200 companies with total potential exposure exceeding $168 billion.

The United States Supreme Court confronted one of the most significant separation-of-powers questions in modern trade law on November 5, 2025, when the justices heard nearly three hours of oral arguments in consolidated cases challenging tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The cases ask whether IEEPA, a statute enacted in 1977 to address international emergencies through economic sanctions, authorizes the President to impose tariffs without specific con

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