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

On November 4, the U.S. Supreme Court will hold oral arguments on November 5 regarding a case that examines the boundaries of the President's “emergency powers.” The core issue of the case is whether the President can impose broad tariffs on imported goods from around the world under the International Emergency Economic Powers Act (IEEPA). The implications of this case extend far beyond trade policy itself. The Supreme Court's ruling will determine whether the President can bypass Congress by invoking emergency powers, thereby making this practice a tool of everyday governance and having profound effects on the constitutional separation of powers and the limits of presidential authority. The case stems from former President Trump declaring a national emergency three times to impose tariffs on Canada, Mexico, and China; he then announced a fourth national emergency, imposing a 10% global tariff on all imported goods and imposing up to 50% “reciprocal tariffs” on specific countries and companies. Numerous businesses and state governments subsequently filed lawsuits in federal court. The Brennan Center submitted “amicus curiae” briefs in several cases, arguing that long-term trade imbalances do not constitute an emergency or “unusual and significant threat” and that the IEEPA does not authorize the President to impose tariffs. The Supreme Court will rule on whether the law grants the President a “tariff pen” that can bypass Congress. Trump previously stated on November 3, “I will not go to court on Wednesday, (5, because I do not want to distract people from this important decision.”