The US Supreme Court agreed on Tuesday to hear the Trump administration’s appeal of two lower court rulings that found the tariffs he imposed were unlawful, holding that they exceeded presidential authority under the International Emergency Economic Powers Act (IEEPA).
The Supreme Court issued a writ of certiorari, an allowance of appeal, in Trump v. VOS Selections, Inc ., consolidating it with Learning Resources v. Trump . The US Court of Appeals for the Federal Circuit and US District Court for the District of Columbia both ruled that the IEEPA does not authorize the president to impose tariffs. While the act allows the president to “regulate” imports during a national emergency, the lower courts found that this power is distinct from the power to lay taxes, noting that hi