US Supreme Court to Rule on Trump's Tariff Authority Under IEEPA on January 9
Edited by: Svetlana Velgush
The United States Supreme Court is scheduled to issue a decision on Friday, January 9, 2026, regarding the scope of presidential authority to impose tariffs using the International Emergency Economic Powers Act (IEEPA) of 1977. This pivotal legal proceeding, which consolidates cases such as V.O.S. Selections versus Trump and related challenges, hinges on a fundamental constitutional question: whether the head of the executive branch possesses the authority to enact import duties under IEEPA without explicit authorization from Congress.
Historically, IEEPA has been invoked primarily to implement sanctions against adversaries of the United States or to freeze their assets. The imposition of broad import tariffs marks a significant departure from this established precedent. These specific tariffs were introduced following Donald Trump's return to office on January 20, 2025. A sweeping 10 percent levy on all imported goods was announced in April 2025. Specifically, an executive order issued on April 2, 2025, mandated a general 10 percent charge on imports from all trading partners, with several nations facing even higher rates. These measures, alongside others enacted under declared states of emergency, became the focal point of the ensuing legal battles.
The Trump administration maintains that IEEPA grants the necessary latitude for such actions, citing national security imperatives. However, lower courts have previously rejected this interpretation, determining that IEEPA's power to 'regulate' commerce does not equate to the authority to establish tariffs. The Federal Circuit Court of Appeals upheld a ruling that invalidated several executive orders that imposed tariffs of 'indefinite duration' on imports originating from 'nearly every country.' Oral arguments before the Supreme Court took place on November 5, 2025, during which justices expressed considerable skepticism regarding the legality of these unilateral actions.
The economic implications of the Court's forthcoming ruling are substantial. The tariffs enacted under IEEPA have generated billions of dollars in revenue. According to data from the U.S. Customs and Border Protection (CBP) as of December 14, 2025, approximately $133.5 billion had been collected related to IEEPA actions. Across the five specific IEEPA tariff measures implemented by the Trump administration, $129 billion had been gathered by December 10, 2025, stemming from roughly 34 million entries filed by 301,000 American importers. Should the Court deem these duties invalid, the government faces a significant administrative and fiscal challenge concerning potential demands for refunds, which legal experts estimate could amount to hundreds of billions of dollars.
In anticipation of the verdict, numerous importers have taken proactive measures. During November and December 2025, they filed protective claims with the Court of International Trade (CIT) to safeguard their rights to potential duty reimbursements. CBP representatives have indicated they will not contest the CIT's authority to order re-evaluations and refunds if the tariffs are ultimately deemed unlawful. Nevertheless, trade attorneys caution that the return of funds will not be automatic; importers frequently must maintain claims through formal protests or subsequent litigation. If the tariffs are overturned, the administration might pivot to other statutory tools, such as Section 232 of the Trade Expansion Act of 1962 or Section 301 of the Trade Act of 1974.
President Trump has previously stated that the total revenue generated from his trade duties reached approximately $650 billion. The Court's decision on Friday, January 9, will either affirm broad presidential powers over trade policy or mandate that future administrations adhere more strictly to the separation of powers between the branches of government.
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