Supreme Court Strikes Down Tariffs

Background

Today, in Learning Resources, Inc. v. Trump—a case argued by Milbank LLP partner Neal Katyal—the Supreme Court struck down the President's sweeping tariffs in a 6-3 decision.

The case arose out of the tariffs imposed by President Trump last year under the International Emergency Economic Powers Act (IEEPA). Beginning in February 2025, the President issued a series of Executive Orders relying on IEEPA to impose tariffs ranging from 10% to 145% on most imports worldwide. IEEPA's statutory text never mentions “tariffs” or “duties,” but the government claimed that the statute nonetheless authorizes unlimited tariffs because it grants the President the power to “regulate … importation” in the face of an “extraordinary and unusual” threat. The Court rejected the government's contention.