Supreme Court Hears Landmark Tariff Case, Justices Express Deep Skepticism of Trump's Emergency Powers

The Supreme Court heard nearly three hours of oral arguments on November 5, 2025, in the consolidated cases Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, addressing whether the International Emergency Economic Powers Act (IEEPA) authorizes President Trump to unilaterally impose tariffs and whether IEEPA constitutes an unconstitutional delegation of legislative power. The case challenges two sets of tariffs: (1) “trafficking tariffs” of 10-25% on imports from Canada, China, and Mexico imposed in January-February 2025, justified by fentanyl trafficking and illegal immigration; and (2) “reciprocal tariffs” on imports from nearly all countries, ranging from a 10% baseline to 50%, imposed in April 2025 based on trade deficits. Justices from across the ideological spectrum expressed skepticism about the administration’s position, with Justice Sonia Sotomayor noting that no president other than Trump had ever used IEEPA to impose tariffs in the statute’s 48-year history. Chief Justice John Roberts and several other justices emphasized that the power to impose tariffs is fundamentally a power to tax, which Article I, Section 8 of the Constitution reserves to Congress. Justices repeatedly pressed Solicitor General Elizabeth Prelogar to identify explicit statutory language in IEEPA authorizing presidential tariff authority, with the government struggling to provide textual support. The economic stakes are enormous: the government has collected over $88 billion from the emergency tariffs, and projections suggest they would raise $1.8 trillion from 2025-2034 while shrinking GDP by 0.4% and eliminating 428,000 jobs. The case represents one of the most significant tests of presidential emergency powers in decades, with implications extending far beyond trade policy to questions about executive authority to bypass Congress through manufactured emergency declarations. A decision is expected by June 2026, though the tariffs remain in effect during the legal challenge.