Trump v. V.O.S. Selections

Questions presented

SCOTUS records, cert granted 9 Sep 2025

1. Whether the International Emergency Economic Powers Act (IEEPA), Pub. L. No. 95- 223, Tit. II, 91 Stat. 1626, authorizes the tariffs imposed by President Trump pursuant to the national emergencies declared or continued in Proclamation 10,886 and Executive Orders 14,157, 14,193, 14,194, 14,195, and 14,257, as amended.
2. If IEEPA authorizes the tariffs, whether the statute unconstitutionally delegates legislative authority to the President.

Opinion summary

Etalia.ai summary of the majority opinion

The Court held that the International Emergency Economic Powers Act does not authorize the President to impose tariffs. The case arose after President Trump used IEEPA to impose tariffs tied to drug trafficking and trade deficits. Chief Justice Roberts wrote that the Constitution gives Congress the power to lay and collect duties, and the statute does not mention tariffs or duties. The Court said the phrase to “regulate . . . importation” does not include the power to tax, and that Congress normally speaks clearly when it delegates tariff power. The Court also relied on the major questions doctrine, saying the President claimed an extraordinary power of major economic and political significance without clear congressional authorization. The judgment in one case was vacated and remanded for lack of jurisdiction, and the other was affirmed.

Dissent summary

Etalia.ai summary of the dissenting opinions

Justice Thomas dissented, arguing that the statute and the Constitution permit Congress to delegate the power to impose duties on imports, and that IEEPA’s language authorizes the tariffs. Justice Kavanaugh also dissented, joined by Justices Thomas and Alito. He argued that statutory text, history, and precedent show that “regulate . . . importation” has long been understood to include tariffs, so the President acted within the authority Congress gave in IEEPA.