How will The Supreme Court rule on tariffs?
By Easton Martin | November 4, 2025
The Supreme Court is set to hear a high-stakes case over the legality of tariffs imposed by President Donald Trump. The case centers on his use of the International Emergency Economic Powers Act, or IEEPA, which allows the President to act when the nation faces unusual and extraordinary threats. The administration says trade imbalances, reliance on foreign sources for critical goods, and supply chain vulnerabilities qualify, giving the President authority to impose tariffs on countries including China, Mexico, and Canada.
Those challenging the tariffs have argued that IEEPA does not specifically allow the President to set tariffs, a power they say belongs to Congress. They argue that imposing taxes on imports is a major economic decision that should require explicit legislative approval. The case could have major implications for presidential authority and the balance of power between the executive branch and Congress.
It seems the Court is likely to side with President Trump. The justices have historically deferred to the executive in matters involving foreign affairs or national security. The tariffs were issued under a declared emergency, and the Court may see that as giving the President broad discretion.
IEEPA allows the President to regulate the importation of goods during emergencies. While critics say that does not clearly authorize tariffs, the Court may interpret the statute broadly in order to give the executive branch flexibility to respond to economic threats.
Practical consequences will likely also weigh in the decision. Overturning the tariffs could disrupt ongoing trade negotiations, weaken U.S. leverage in global commerce, and trigger costly adjustments for businesses. The Court may prefer a ruling that preserves the current policy rather than creates disruption.
Given also the Court’s conservative majority, its history of deference to presidential discretion in foreign and economic matters, and the stakes involved, many expect the justices to uphold the core of President Trump’s tariff program.
