US Supreme Court Holds IEEPA Did Not Authorize Tariffs

As Butzel clients are aware, based on the various updates we provided over the course of the prior several months, Learning Resources, Inc., et al. v. Trump, President of the United States, et al., was a case pending in the Supreme Court regarding enforceability of International Emergency Economic Powers Act (IEEPA) tariffs. The case consolidated two matters: No. 24-1287 (certiorari before judgment from D.C. Circuit) and No. 25-250 (certiorari from Federal Circuit). Today, the Supreme Court reached its decision to strike down IEEPA tariffs. The Court held that IEEPA did not authorize the tariffs. It is a long opinion, approximately 170 pages, with several lengthy concurrences and dissent. Butzel will provide a more detailed analysis as soon as possible. 

The decision only addresses tariffs issued under the IEEPA, and some of the recent tariffs affecting manufacturing industries rely on different authority. Although some of those other tariffs are being challenged in Court, today’s opinion does not address their legality.

Jennifer M. Smith-Veluz
202.454.2885
smithveluz@butzel.com

Mitchell Zajac
313.225.7059
zajac@butzel.com

Catherine M. Karol
313.225.5308
karol@butzel.com