Yesterday the Supreme Court granted review of the Federal Circuit’s decision in Trump v. V.O.S. Selections, Inc. that the International Emergency Economic Powers Act did not authorize President Trump’s recent tariffs. Here are the details.
In asking the Court to review the Federal Circuit’s judgment, President Trump presented two questions:
- “Whether the International Emergency Economic Powers Act (IEEPA), Pub. L. No. 95-223, Tit. II, 91 Stat. 1626, authorizes the tariffs imposed by President Trump pursuant to the national emergencies declared or continued in Proclamation 10,886 and Executive Orders 14,157, 14,193, 14,194, 14,195, and 14,257, as amended.”
- “If IEEPA authorizes the tariffs, whether the statute unconstitutionally delegates legislative authority to the President.”
Yesterday the Court granted review of both questions. The Court also consolidated the case with another case that was set to be decided by the Court of Appeals for the District of Columbia. In that case, the question presented simply asked “[w]hether IEEPA authorizes the President to impose tariffs.” The Supreme Court granted review of this question without waiting for the judgment of the D.C. Circuit.
The consolidated oral argument will take place the first week of November. The Court also set an expedited briefing schedule.
We will continue to keep track of this case and report on developments.