BGOV OnPoint: Fate of Trump’s Emergency Tariff Authority in Flux

December 4, 2025, 10:15 AM UTC

The Supreme Court could decide within weeks whether President Donald Trump’s use of a decades-old law to impose sweeping tariffs — a cornerstone of his presidency — is constitutional.

The International Emergency Economic Powers Act, enacted in 1977, authorizes presidents to “regulate” or “prohibit” imports in emergencies. The White House has interpreted that language to include tariffs, even though the law doesn’t explicitly mention them.

Trump invoked IEEPA to levy tariffs on America’s top trading partners — Canada, Mexico, and China — saying their failure to help curb the flow of fentanyl into the US created a national emergency. He’s ...

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