https://x.com/coinbureau/status/1985305958093045954
On Nov. 5, 2025, the Supreme Court will hear oral arguments in a case that may decide the fate of President Donald Trump’s tariff policy.
In Learning Resources, Inc. v. Trump, consolidated with Trump v. V.O.S. Selections, the Justices will decide if a specific act of Congress allows the president to impose tariffs, and if the act itself unconstitutionally delegates legislative authority to the president.
The act in question, the International Emergency Economic Powers Act of 1977 (IEEPA), is one of six statutory provisions currently in place that control how the president and the executive branch can use tariffs, with powers granted to it by Congress. Three provisions require federal agency investigations before a tariff can be imposed. The other provisions, including the IEEPA, do not require an investigation before actions are taken.
The IEEPA allows the president to declare an emergency under the National Emergency Act (NEA) and then use his extensive economic powers under the Act to regulate or prohibit imports. The Congressional Research Service says that Trump was the first chief executive to use it for this purpose, when in February 2025 he announced tariffs on Canada, China, and Mexico. The emergency stated by the president can be terminated at his request, or by a joint resolution of Congress.
https://constitutioncenter.org/blog/supreme-court-showdown-on-tariffs-shaping-up-as-landmark-case
If SCOTUS strikes the IEEPA levies on Nov. 5, Treasury may have to refund tens of billions, potentially about half of tariffs collected this term yet the White House says it could instantly pivot to Section 122’s 15%/150-day authority.