The Daily Fuckup

The fight over Trump’s tariffs is no longer parked in the lower courts. The Supreme Court heard argument on Wednesday, Nov. 5, 2025, in the consolidated challenge over whether the president could use the International Emergency Economic Powers Act to impose the duties at issue. The case was placed on the Court’s November calendar after certiorari was granted in September. ([supremecourt.gov](https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalNovember2025.pdf))

The dispute moved into that posture after the Federal Circuit’s Aug. 29, 2025 order in V.O.S. Selections, Inc. v. Trump. The appellate court order is part of the record the justices are reviewing, and the Supreme Court’s docket entry shows the Court granted expedited review and set the matter for argument in the first week of the November 2025 argument session. ([cafc.uscourts.gov](https://www.cafc.uscourts.gov/08-29-2025-25-1812-vos-selections-inc-v-trump-order-25-1812-order-8-29-2025_2566157/))

At issue is whether IEEPA authorizes the tariffs tied to the emergency declarations and executive orders listed in the petition, and, if so, whether that reading of the statute would amount to an unconstitutional delegation of legislative power. Those are the questions now before the Court, with the tariff program still tied to the outcome of the case. ([supremecourt.gov](https://www.supremecourt.gov/docket/docketfiles/html/qp/25-00250qp.pdf))

For importers, manufacturers and retailers, the practical problem is simple: the legal challenge is live, but the answer is not. Businesses are still forced to plan around a tariff regime that remains in place while the justices decide whether the statute can support it. ([supremecourt.gov](https://www.supremecourt.gov/docket/docketfiles/html/qp/25-00250qp.pdf))