A SCOTUS Bench Memo for the Trump Tariff Case: Separation of Powers, Delegation, Emergencies, and Pretext

A SCOTUS Bench Memo for the Trump Tariff Case

Separation of Powers, Delegation, Emergencies, and Pretext

This analysis considers whether Congress, by enacting the 1977 International Emergency Economic Powers Act (IEEPA), granted the president lawful power to impose tariffs and whether such delegation aligns with constitutional principles.

Background

After assuming office, President Donald Trump invoked IEEPA to introduce several country-specific and global tariffs. These executive actions faced multiple legal challenges in lower courts, where rulings generally went against the president, including at the appellate level.

Key Legal Questions

Did Congress, through IEEPA, provide the president with authorization to impose tariffs?
If Congress did so, is that delegation of power constitutionally permissible?
Has the IEEPA been legitimately activated in this case?

Beyond delegation and legality, the Court must determine whether the statutory prerequisites for invoking IEEPA were properly met and whether the claimed emergency was authentic or merely a pretext for economic action.

“Has Trump lawfully unlocked IEEPA’s emergency powers by satisfying the necessary congressional prerequisites to invoke it?”

Amici Involvement

The Supreme Court case has attracted considerable attention from amici curiae: 44 groups filed briefs, including 37 supporting the challengers, 6 backing the government, and 1 remaining neutral.

Upcoming Proceedings

The Court’s oral argument is scheduled for November, and the ruling is expected to clarify the reach of presidential authority under IEEPA during economic emergencies.

Author’s Summary: The case tests the limits of executive power under IEEPA and may redefine how emergency economic powers intersect with congressional oversight.

Just Security — 2025-11-03