IP Law Daily, VITAL BRIEFING—Supreme Court publicly probes Trump’s tariff authority, (Nov 7, 2025)

By Brad Rosen, J.D.

The small businesses and state attorneys general challenging the Trump administration’s imposition of tariffs argued that the International Emergency Economic Powers Act (IEEPA) does not specifically put tariffs, or other taxes, in the preside ...

By Brad Rosen, J.D.

In this installment of Tariffs Insights, Thomas Thompson discusses the high stakes and widely followed Supreme Court oral arguments heard on November 5th in Learning Resources, Inc. v. Trump and V.O.S. Selections, Inc. v. Trump, the two cases which look to upend President Trump’s authority to aggressively impose sweeping reciprocal tariffs, which also serve as the bedrock of his administration’s economic agenda.

Some of the items Thompson reports on and explores in this piece include:

A brief history of the president’s executive orders issued in February 2025 calling for comprehensive tariffs, his fentanyl-linked tariffs issued against Canada, Mexico and China, as well as the worldwide Liberation Day tariffs levied in April.
Core arguments challenging the tariffs imposed and the reasoning of the appellate courts upholding those challenges, as well as the key finding that the IEEPA’s authorization of the president to “regulate” imports during an emergency does not include taxing them.
President Trump’s determination and insistence that the U.S. stands at the precipice of an economic and national-security crisis caused by sustained trade deficits that fostered dependency on foreign rivals and gutted American manufacturing, which constitutes an emergency of historic proportions.
How U.S. prediction markets’ view of the administration’s prospects for victory slid downward as arguments at the Supreme Court unfolded, with the Kalshi predictions market seeing the odds for an administration victory tumble to just 27 percent, down from the 45% odds the market indicated a month earlier.
To read the article, click Supreme Court publicly probes Trump’s tariff authority.

MainStory: IndustryNewsTrends

IP Law Daily, VITAL BRIEFING—Supreme Court publicly probes Trump’s tariff authority, (Nov 7, 2025)

By Brad Rosen, J.D.

Some of the items Thompson reports on and explores in this piece include:

A brief history of the president’s executive orders issued in February 2025 calling for comprehensive tariffs, his fentanyl-linked tariffs issued against Canada, Mexico and China, as well as the worldwide Liberation Day tariffs levied in April.
Core arguments challenging the tariffs imposed and the reasoning of the appellate courts upholding those challenges, as well as the key finding that the IEEPA’s authorization of the president to “regulate” imports during an emergency does not include taxing them.
President Trump’s determination and insistence that the U.S. stands at the precipice of an economic and national-security crisis caused by sustained trade deficits that fostered dependency on foreign rivals and gutted American manufacturing, which constitutes an emergency of historic proportions.
How U.S. prediction markets’ view of the administration’s prospects for victory slid downward as arguments at the Supreme Court unfolded, with the Kalshi predictions market seeing the odds for an administration victory tumble to just 27 percent, down from the 45% odds the market indicated a month earlier.
To read the article, click Supreme Court publicly probes Trump’s tariff authority.

MainStory: IndustryNewsTrends