Congress, the President, and Tariffs: Learning Resources, Inc. v. Trump at the Supreme Court

The Supreme Court will hear oral argument on November 5 in two cases involving challenges to President Donald J. Trump’s tariffs imposed pursuant to the International Emergency Economic Powers Act (IEEPA). Professor Susan Morse discusses the legal issues raised by the cases and how the Court may address them. Ultimately, Morse concludes, the safest (and perhaps most likely) path for the Court may be to decide the case as a matter of “ordinary” statutory construction without resorting to either the major questions doctrine or the nondelegation doctrine.