CLE Credit
Who Decides: The Supreme Court’s IEEPA Tariff Cases
CASE SUMMARY
Background
Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc. present fundamental questions about the scope of presidential power to impose tariffs under emergency authority statutes. Following his inauguration in 2025, President Trump declared multiple national emergencies and imposed sweeping tariffs on imports from nearly every U.S. trading partner, affecting virtually all goods entering the country.
The Supreme Court Questions
The court will have to decide three questions:
1. Whether IEEPA authorizes the tariffs imposed by President Trump pursuant to the national emergencies declared?
2. If IEEPA authorizes the tariffs, whether the statute unconstitutionally delegates legislative authority to the President in violation of the nondelegation doctrine?
3. And whether President Trump met requirements under IEEPA when establishing his global tariffs program and whether judges may review the factual basis for his emergency declaration?
Panelists
- Amy Howe, Co-Founder and Reporter, SCOTUSblog
- David French, Opinion Columnist, The New York Times
- Roman Martinez, Partner and Global Chair, Supreme Court & Appellate Practice, Latham & Watkins
- David Lat, Publisher, Original Jurisdiction
- Sarah Isgur, Senior Editor, The Dispatch; Co-Host, Advisory Opinions Podcast
Please note that these credits will only be eligible in the following states: Alabama, Alaska, Arizona, Arkansas, California, Connecticut, Georgia, Hawaii, Illinois, Missouri, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Vermont, West Virginia.