In 2025, President Donald Trump issued a series of executive orders imposing tariffs on the bulk of U.S. imports under the International Emergency Economic Powers Act (IEEPA). This marked one of the first times a President has utilized IEEPA to implement tariffs. The action was met with a series of lawsuits. On September 9, 2025, the U.S. Supreme Court decided to hear two cases, V.O.S. Selections, Inc. v. United States and Learning Resources, Inc. v. Donald Trump, in which lower courts held that IEEPA does not give the President legal authority to impose at least some of the tariffs.

The case involves two sets of tariffs, both of which Trump justified by declaring a national emergency: the tariffs first announced in April (reciprocal tariffs) and the first set of tariffs from February imposed on imports from Canada, China and Mexico (immigration & fentanyl tariffs). These cases do not dispute the Section 232 tariffs that were placed on foreign steel, aluminum and autos or the Section 301 tariffs.

The Supreme Court will hear oral arguments on the IEEPA tariffs the first week of November 2025. There are multiple ways in which the court could land. If the Supreme Court finds that IEEPA cannot be utilized for tariffs (or certain tariffs) there is the potential for importers who have paid the tariffs to seek a refund. Check out the full brief to learn more about the potential scenarios and resources for potential tariff refunds.

Download the full Issue Memo HERE.