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 grant the president the authority to impose tariffs? And if so, is that delegation lawful? This article 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 implement various country-specific and global tariffs. These moves sparked legal challenges in lower courts, which consistently ruled against the president, including at the appellate level.
Key Questions Before the Supreme Court
- Did Congress authorize the president to impose tariffs by enacting IEEPA?
- If yes, is that delegation of authority lawful?
- Has IEEPA been lawfully triggered in this case at all?
This third question is crucial: Did President Trump legitimately invoke IEEPA's emergency powers by meeting the necessary congressional conditions? Or, as some amici argue, did he not meet those requirements, making the invocation pretextual and therefore illegal?
Legal Proceedings and Support
Merits briefs have been filed by the parties involved as well as 44 groups of amici curiae:
- 37 in support of the challengers
- 6 supporting the government
- 1 supporting neither side
The Supreme 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: The Supreme Court will determine whether the president’s tariff actions under IEEPA are constitutionally authorized and legally justified, addressing crucial separation of powers and emergency delegation issues.