Tariffs on Trial: IEEPA and the Limits of Executive Power

National Security Law Today

The Supreme Court has agreed to hear the case challenging the use of emergency powers to impose sweeping tariffs—setting the stage for a ruling that could reshape U.S. trade policy. This week, Elisa is joined by David Ross and Kelly Dunbar of Wilmer Hale to break down the Federal Circuit’s recent decision in V.O.S. Selections, Inc. v. Trump. Together, they examine how the International Emergency Economic Powers Act (IEEPA) was invoked in defense of tariffs, the constitutional questions over Congress’s authority to tax and regulate commerce, and why the major questions doctrine may be pivotal as the case moves forward.

David J. Ross is Partner and Chair of International Trade, Investment and Market Access Practice Group at Wilmer Hale

Kelly P. Dunbar is Partner in Government & Regulatory Litigation and Appellate & Supreme Court Litigation Practice Groups at Wilmer Hale

References:

IEEPA Tariff Litigation: What You Need to Know About the Federal Court Decisions Threatening the Trump Administration's Tariff Agenda.

V.O.S. Selections, Inc. v. Trump

EO 14193

EO 14194

EO 14195

EO 13257

Tariff Act of 1930, 19 USC 1338(a)

Trade Act of 1974,19 USC 2132