A SCOTUS Bench Memo for the Trump Tariff Case
Separation of Powers, Delegation, Emergencies, and Pretext
By enacting the International Emergency Economic Powers Act (IEEPA), did Congress authorize the president to impose tariffs? If so, is that delegation of authority lawful?
This analysis is part of the Collection: Just Security’s Coverage of the Trump Administration’s Executive Actions. Shortly after taking office, President Donald Trump invoked the 1977 IEEPA to impose various country-specific and global tariffs.
These measures sparked legal challenges in lower courts, which repeatedly ruled against the president, including on appeal.
The Supreme Court will address two critical questions:
- Did Congress, by enacting IEEPA, authorize the president to impose tariffs?
- If yes, is that delegation of authority lawful?
Before answering these, the Court must consider a preliminary issue:
- Has IEEPA been lawfully triggered in this case?
- Has President Trump met the congressional prerequisites required to invoke IEEPA’s emergency powers?
- Alternatively, as some amici argue, did Trump fail these requirements and make a pretextual invocation of IEEPA, rendering it illegal?
Merits briefs have been submitted by the parties and 44 amici curiae groups: 37 supporting the challengers, 6 backing the government, and 1 neutral.
The Court’s oral argument is scheduled for November.
“By enacting IEEPA, did Congress authorize the president to impose tariffs? If so is that delegation of authority lawful?”
“Has Trump lawfully unlocked IEEPA’s emergency powers by satisfying the necessary congressional prerequisites to invoke it?”
Author’s Summary
This memo outlines the Supreme Court’s examination of whether Congress lawfully empowered the president to impose tariffs under IEEPA and if the invocation of emergency powers complies with legal standards.