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

By enacting the International Emergency Economic Powers Act (IEEPA) in 1977, did Congress authorize the president to impose tariffs? If so, is that delegation of authority lawful?

Shortly after taking office, President Donald Trump invoked IEEPA to impose various country-specific and global tariffs. These actions led to legal challenges in lower courts, which consistently ruled against the president, including on appeal.

Key Questions Before the Supreme Court

Did Congress authorize the president to impose tariffs under IEEPA?
If authorized, is that delegation of authority lawful?
Has IEEPA been lawfully triggered in this case?

The third question addresses whether President Trump properly met the congressional prerequisites required to invoke IEEPA’s emergency powers. Some amici argue that Trump failed to satisfy these conditions and that the invocation of IEEPA might be pretextual and therefore illegal.

Legal Proceedings and Amicus Participation

Merits briefs have been submitted by the involved parties as well as 44 groups of amici curiae, including:

37 supporting the challengers
6 supporting the government
1 not taking a side

The Supreme Court is scheduled to hear oral arguments in November.

"By enacting IEEPA, did Congress authorize the president to impose tariffs? If so is that delegation of authority lawful?"

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

Author's summary: This memo outlines critical constitutional and statutory questions before the Supreme Court concerning presidential tariff powers under IEEPA and the lawfulness of its invocation by President Trump.

Just Security — 2025-11-03