The US Supreme Court will urgently decide the legality of President Donald Trump’s sweeping tariffs, a cornerstone of his economic policy with far-reaching global implications, scheduling arguments for early November 2025. The expedited timeline, announced on September 9, 2025, responds to requests from both the Trump administration and challengers, including small businesses and Democratic-led states, who argue the tariffs were unlawfully imposed. A federal appeals court previously ruled 7-4 that Trump exceeded his authority under the 1977 International Emergency Economic Powers Act (IEEPA), though the tariffs remain in effect pending the Supreme Court’s decision.

At issue are two tariff sets: the April 2 “Liberation Day” tariffs, imposing 10-50% levies on most US imports based on their country of origin, and additional tariffs targeting Canada, Mexico, and China to address fentanyl trafficking. These measures, the largest US import tax hike since the 1930 Smoot-Hawley Act, have pushed the average US tariff rate to 16.3%, a century-high. A ruling upholding the tariffs could enhance presidential power, giving Trump a powerful tool to influence global trade partners. Conversely, striking them down could halve the tariff rate, force billions in refunds, and disrupt Trump’s preliminary trade deals, according to Bloomberg Economics analyst Chris Kennedy.

The case, the first direct Supreme Court review of a Trump second-term policy, centers on whether the IEEPA allows such broad tariffs. The law permits the president to “regulate importation” during emergencies but does not explicitly mention tariffs. Solicitor General D. John Sauer argues this includes tariff authority, while opponents, including wine distributor V.O.S. Selections Inc. and educational-toy makers, contend the Constitution reserves tariff-setting for Congress. They also question whether trade deficits or fentanyl issues constitute the “unusual and extraordinary threat” required by IEEPA.

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Trump defends the tariffs as vital for protecting American businesses and pressuring nations like India, Canada, and Brazil on issues from Russian oil purchases to immigration. Critics, however, warn of higher consumer prices, strained international relations, and economic slowdown, with tariff revenue already hitting $159 billion by August 2025. The Supreme Court, with three Trump-appointed justices, has historically favored his executive actions, raising questions about whether it will uphold his expansive view of presidential power or defer to Congress’s constitutional authority.

The court will hear two related cases, one from the Court of International Trade and another from a Washington federal district court, ensuring a comprehensive ruling. Opening briefs are due by September 19, with responses by October 20, signaling a potential decision by year-end.

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