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Supreme Court weighing Trump tariffs in a trillion-dollar test of executive power

  • On Wednesday, November 5 the U.S. Supreme Court will hear oral arguments in Learning Resources, Inc. v. Trump, challenging President Donald Trump's use of the Emergency Powers Act of 1977 to impose tariffs, a case with potential to set significant legal precedent.
  • Invoking IEEPA, the administration pursued tariffs without congressional approval, and President Donald Trump declared April 2 `Liberation Day` enacting broad import duties from Canada to China.
  • A brief signed by over 10 American economists argues trade deficits are not 'unusual and extraordinary' and warns tariffs will have a 'massive impact' across the U.S.
  • Three lower courts have ruled against the emergency-tariff actions, and Trump officials say they would reimpose tariffs if the Supreme Court overturns them; the Supreme Court expedited schedule suggests a swift ruling.
  • The 'major questions' doctrine, central to the case, may limit or expand future presidential emergency authority, with challengers citing writings by Justices Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh, and the Supreme Court composition influencing the decision.
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Lean Left

The judges, before whom the legality of the tariffs imposed by the US president was contested, were critical of the Advocate General, who defended the prerogatives of the executive.

·Paris, France
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Lean Right

WASHINGTON.- The U.S. Supreme Court held Wednesday the first session on the legality of some of Donald Trump's tariffs leading to the global trade war he launched since his return to the White House.The high court members, with a conservative majority, have in their hands the future of the Republican tycoon's trade agenda and the millions of dollars he plans to raise for the public coffers.The nine magistrates rule if the president's emergency p…

·Buenos Aires, Argentina
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RealClearMarkets broke the news in on Tuesday, November 4, 2025.
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