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) of 1977, did Congress authorize the president to impose tariffs? And if so, is that delegation lawful? This analysis is part of Just Security’s coverage of executive actions under the Trump administration.
Soon after taking office, President Donald Trump invoked IEEPA to impose various country-specific and global tariffs. These measures sparked legal challenges in lower courts, which consistently ruled against the president, including appellate courts.
The Supreme Court will address two critical questions:
- Did Congress, by passing IEEPA, authorize the president to impose tariffs?
- If yes, is the delegation of such authority lawful?
However, before resolving those issues, a preliminary question arises:
- Has IEEPA been lawfully triggered in this case?
Specifically, did President Trump properly activate IEEPA’s emergency powers by fulfilling the necessary congressional requirements? Or, as some amici argue, did Trump fail to meet these prerequisites, making the invocation pretextual and thus unlawful?
Merits briefs have been submitted by parties and 44 amici curiae groups: 37 supporting the challengers, 6 supporting the government, and 1 supporting neither side, all ahead of the Court’s oral argument scheduled in 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? Or is the invocation pretextual and illegal?”
Author’s summary: This case challenges the scope and legality of presidential authority under IEEPA to impose tariffs, highlighting questions of emergency powers and congressional delegation.