Yesterday was a big day for trade law! The Supreme Court heard oral arguments in Learning Resources, Inc. v. Trump. The case challenges whether the President has the authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA). 

There’s been a lot of back and forth among trade lawyers about how the court will rule. 

Here are our predictions:

After today’s hearing, we’re confident that the Supreme Court will side with the importers and uphold the lower court’s ruling. 

Several justices asked very pointed questions and seemed to express skepticism that IEEPA grants the President broad authority to impose tariffs. At one point, Justice Roberts, a key vote, even called the Administration’s reading of the law a “misfit.”

Importantly, Justice Coney Barrett discussed recovery and questioned whether relief for importers would be a “complete mess”. It is critical that importers file a lawsuit with the CIT to preserve their ability to recover tariff refunds if and when the court overturns the tariffs. Get in touch with Diaz Trade Law for assistance – 305-456-3830 or info@diaztradelaw.com.

Keep up with the latest tariff and trade deal news here.

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