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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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This Wednesday a hearing has taken place in which the Trump Administration has expressed its arguments of national emergency to resort to a legal mechanism that skips the Legislative, against what the magistrates have been skeptical of

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The Supreme Court is evaluating Trump's sweeping tariffs and their legal limits under the emergency powers law.

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RealClearMarkets broke the news in on Tuesday, November 4, 2025.
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