Supreme Court Sets Nov. 5 Oral Argument Date for IEEPA Tariff Cases
The Supreme Court set oral argument for the lead cases on the legality of tariffs imposed under the International Emergency Economic Powers Act for Nov. 5, part of an attempt to hear the cases on an expedited basis (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
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The argument will cover two cases on the legality of the IEEPA tariffs: one brought by five importers and 12 U.S. states that was heard by the U.S. Court of Appeals for the Federal Circuit, Donald J. Trump v. V.O.S. Selections, and the other brought by two small importers that was pending before the U.S. Court of Appeals for the D.C. Circuit, Learning Resources v. Donald J. Trump.
In V.O.S. Selections, the Federal Circuit said President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico meant to combat the flow of fentanyl violate the limits of the president's tariff authority found in IEEPA (see 2508290073). In Learning Resources, the U.S. District Court for the District of Columbia said IEEPA doesn't confer to the president any tariff authority (see 2506200018). That ruling was pending before the D.C. Circuit, when the two importers leading the case filed for SCOTUS review.
The government petitioned the high court for review after its loss at the Federal Circuit. All parties consented to the consolidated cases being heard on an expedited schedule. Under that schedule, the U.S. will file its opening brief on or before Sept. 19, and any amicus briefs in support of the U.S. "or in support of neither party" are due by Sept. 23. The plaintiffs will then file their reply by Oct. 20, and any amicus briefs in support of the plaintiffs are due by Oct. 24. The government's reply is due by Oct. 30 (see 2509090058).