The U.S. Supreme Court will hold oral arguments on November 5th regarding whether Trump can impose tariffs under the IEEPA.

November 4th. The U.S. Supreme Court is scheduled to hold oral arguments on November 5th in a case regarding the review of the boundaries of the president's "emergency powers." The central issue of this case is: whether the president is capable of imposing extensive tariffs on imported goods from multiple countries under the International Emergency Economic Powers Act (IEEPA). This case's influence extends far beyond trade policy itself. The Supreme Court's ruling will decide whether the president can bypass Congress by employing emergency powers, thereby making this practice a common tool in governance and having a profound impact on the constitutional separation of powers and the limitations of presidential power. The case originated from former President Trump's previous declarations of three national emergencies to impose tariffs on Canada, Mexico, and China, followed by a fourth national emergency declaration to impose a 10% global tariff on all imported goods and a maximum 50% "matching tariff" on specific countries and companies. Several businesses and state governments promptly initiated lawsuits in federal courts. The Brennan Center submitted an "amicus curiae" brief in multiple cases, arguing that long-standing trade imbalances do not constitute an emergency or an "unusual and extraordinary threat," and that the IEEPA does not authorize the president to impose tariffs. The Supreme Court will determine whether the law empowers the president with a "tariff pen" to bypass Congress. Trump had previously stated on November 3rd, "I will not be going to court on Wednesday [5th] because I don't want to divert people's attention from this significant decision."