U.S. Supreme Court Agrees to Hear Cases of Lawsuits Filed Against Trump's Tariffs

Sep 9, 2025:

The U.S. Supreme Court's Public Information Office announced that it has granted review in two cases involving Trump's tariffs:

Learning Resources v. Trump, in which two small businesses had asked the justices to weigh in on Trump's power to impose the tariffs without waiting for a federal appeals court to rule on the Trump administration's appeal

Trump v. V.O.S. Selections, in which the Trump administration had asked the court to review a ruling by a different federal appeals court striking down the tariffs

The two cases will be argued together. Oral arguments are scheduled for early November.

Source:

Howe, Amy. (September 9, 2025). "Supreme Court agrees to decide the fate of Trump's tariffs". SCOTUS Blog. Retrieved 2025-09-09.

Aug 29, 2025:

By a vote of 7-4, the U.S. Court of Appeals for the Federal Circuit upheld the May 28, 2025 ruling by the Court of International Trade, saying:

[when] Congress intends to delegate to the President the authority to impose tariffs, it does so explicitly, either by using unequivocal terms like tariff and duty, or via an overall structure which makes clear that Congress is referring to tariffs.

Source:

Howe, Amy. (September 9, 2025). "Supreme Court agrees to decide the fate of Trump's tariffs". SCOTUS Blog. Retrieved 2025-09-09.

May 29, 2025:

U.S District Judge Rudolph Contreras confirmed yesterday's ruling by the U.S. Court of International Trade:

This case is not about tariffs qua tariffs. It is about whether IEEPA enables the President to unilaterally impose, revoke, pause, reinstate, and adjust tariffs to reorder the global economy. The Court agrees with Plaintiffs that it does not.

The Trump administration quickly appealed this ruling and yesterday's ruling.

Source:

Schonfeld, Zack. (May 29, 2025). "Second federal court blocks Trump's tariffs ". The Hill. Retrieved 2025-09-09.

May 28, 2025:

A three-judge panel on the U.S. Court of International Trade unanimously ruled that Trump's tariffs are "unconstitutional."

The court ruled that the International Emergency Economic Powers Act of 1977 (IEEPA) does not delegate "unbounded" tariff authority to the president:

An unlimited delegation of tariff authority would constitute an improper abdication of legislative power to another branch of government.

Regardless of whether the court views the President's actions through the nondelegation doctrine, through the major questions doctrine, or simply with separation of powers in mind, any interpretation of IEEPA that delegates unlimited tariff authority is unconstitutional.

Source:

Schonfeld, Zack. (May 28, 2025). "Court of International Trade blocks Trump's tariffs in sweeping ruling". The Hill. Retrieved 2025-09-09.

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