


The Trump administration asked the Supreme Court to take up immediately its big defeat in the Federal Circuit on the question of whether the International Emergency Economic Powers Act of 1977 grants the president unlimited emergency tariff powers. This afternoon, the Court took up the case and ordered an aggressive schedule under which the first briefs are due September 19, the final briefs are due October 30, and the “cases will be set for argument in the first week of the November 2025 argument session.” That doesn’t guarantee a quick resolution if the Court is deeply divided, but it suggests that the Court grasps the urgency of the matter and will proceed accordingly.
We’ll have more coverage to come on what we expect from the ultimate decision. In addition to my analysis (linked above) and our editorial, you can read Dominic Pino’s take on the uncontroversial, commonsense nature of the Federal Circuit’s decision here and Andy McCarthy’s contrarian take on the arguments Trump has left to him here.