the retail giant argued the Trump administration has misused the federal law, the International Emergency Economic Powers Act (IEEPA), it cited to impose the tariffs. IEEPA grants the president certain power, but they may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purposes', Costco said in the lawsuit, quoting the law.
The consolidated cases, Learning Resources v. Trump and Trump v. VOS Selections, challenge Trump's claim that he has the power to issue tariffs under the International Emergency Economic Powers Act of 1977, which permits the president to regulate transactions involving any property in which any foreign country or national thereof has any interest, in order to deal with an unusual and extraordinary threat.
Catastrophic. Ruinous. Country-killing. Tragic. These may sound like characterizations of Donald Trump's Presidency. They were, in fact, adjectives used in the President's brief to the Supreme Court warning of the consequences of declaring his tariffs unlawful. After months of issuing interim orders that granted most of the President's emergency requests to lift lower courts' temporary blocks on his various policies, the Court, on Wednesday morning, heard oral arguments in the case-the first on the limits of executive power in the second Trump Presidency.
Supreme Court Justice Neil Gorsuch, who was nominated by President Donald Trump, battled Solicitor General D. John Sauer on Wednesday over the limits of executive power while hearing a case on the legality of Trump's sweeping tariffs. Sauer argued against lower court rulings that shot down Trump's use of emergency powers under the International Emergency Economic Powers Act (IEEPA) to levy sweeping tariffs on foreign countries a power solely granted to Congress in the Constitution.
Today, the Supreme Court is hearing oral arguments in one of those rare cases that could reshape all three branches of government. The justices deciding Learning Resources, Inc. v. Trump, a challenge to the current tariff regime, could determine whether the imperial presidency is entrenched or arrested. They could either cajole Congress out of its dormancy or render it even more inert.