What’s at Stake in the Supreme Court Tariffs Case - Brennan Center for Justice

Report Title: What’s at Stake in the Supreme Court Tariffs Case

Source: Brennan Center for Justice

Date of Publication: November 1, 2025

Author: Elizabeth Goitein, Senior Director, Liberty & National Security Program, Brennan Center for Justice

Introduction: On November 5, the Supreme Court heard oral argument in a case testing the limits of presidential emergency powers. At issue is whether a president may use the International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs on imports from countries around the world.

The stakes of this case reach far beyond trade policy. The Court’s decision could shape whether the use of emergency powers to bypass Congress becomes a tool of routine governance, with profound implications for the constitutional separation of powers and limits on presidential authority.

The case arose after President Trump declared three national emergencies to impose tariffs on Canada, Mexico, and China, followed by a fourth national emergency to impose a 10 percent global tariff plus “reciprocal” tariffs of up to 50 percent on selected countries and corporations. He justified each of these measures as a response to an “unusual and extraordinary threat” to U.S. national security, foreign policy, and/or the economy.

A number of corporations and states responded by filing suit in federal court. The Brennan Center has filed friend-of-the-court briefs in several of these cases, arguing that longstanding trade imbalances do not constitute an emergency or an “unusual and extraordinary threat” and that IEEPA does not authorize the president to impose tariffs. The Court will now determine whether the statute gives presidents a “tariff pen” that can bypass Congress entirely.

A link to the entire Brennan Center article can be found here.

ISSE Comment: We have lightly edited the article (one word) to reflect that the Supreme Court has now heard oral arguments, as this article was published several days before those oral arguments took place.