The U.S. Supreme Court has agreed to hear arguments in November on whether President Donald Trump has the authority to impose sweeping tariffs without Congress—a rare lightning-fast move for the nation’s highest court.
At issue is Trump’s use of emergency powers to levy import taxes on goods from nearly every country, a strategy that critics say nearly drove small businesses into bankruptcy. Two lower courts already ruled much of the tariff policy illegal, but a divided appeals court allowed them to stay in place while the case moves forward.
The Trump administration is urging justices to uphold the tariffs, warning that blocking the president’s unilateral authority could push the country to the “brink of economic catastrophe.” Solicitor General D. John Sauer argued that striking them down would damage ongoing trade negotiations, force billions in refunds from the U.S. Treasury, and even undermine efforts to fight fentanyl trafficking and pressure Russia over its war in Ukraine.
Meanwhile, challengers—backed by states and small businesses—say the Constitution gives tariff authority squarely to Congress, not the president. They argue Trump’s broad interpretation of the 1977 International Emergency Economic Powers Act (IEEPA) goes far beyond what lawmakers intended.
The case lands before a conservative-leaning Supreme Court that has historically expanded executive power. Three of the current justices were nominated by Trump himself, making the outcome even more politically charged.
Revenue from Trump’s tariffs has surged to $159 billion as of late August, more than double last year’s levels. But the economic uncertainty and threat of higher consumer prices loom large for American families and businesses as the court takes up the question: Can a president really impose global tariffs without Congress signing off?
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