Who Decides: The Supreme Court's IEEPA Tariff Cases

This program, presented by the hosts of Advisory Opinions, examines the Supreme Court's upcoming consideration of presidential authority under the International Emergency Economic Powers Act (IEEPA) in the context of sweeping tariff actions. Featuring leading legal commentators and practitioners, the discussion explores how the Court's interpretation of IEEPA may reshape the balance of power between the executive and legislative branches and redefine the scope of emergency authority in matters of trade and foreign policy.

Panelists will analyze the intersection of statutory interpretation, the major questions doctrine, nondelegation principles, and judicial review in foreign affairs. Through an engaging discussion of the Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc. cases, attendees will gain a deeper understanding of how constitutional and policy considerations converge when the President invokes emergency powers to impose tariffs.

The program also considers the broader implications for the separation of powers, congressional oversight, and the judiciary's role in reviewing executive action, offering valuable insights for attorneys practicing in constitutional law, administrative law, and international trade.

Learning Objectives:

1. Analyze the scope of presidential authority under IEEPA to regulate imports during declared national emergencies
   
2. Evaluate separation of powers issues raised when the President imposes tariffs without express congressional authorization
   
3. Understand how the major questions doctrine applies to emergency powers statutes in national security and foreign affairs contexts
   
4. Assess the nondelegation doctrine's relevance to broad delegations of economic authority to the President
   
5. Examine the limits of judicial review over presidential decisions involving foreign affairs and trade policy
   
6. Consider the practical and policy implications of judicial intervention in economic emergencies and tariff-related disputes