SUMMARY The Supreme Court ruled 6-3 today that IEEPA, the International Emergency Economic Powers Act of 1977, does not authorize the President to impose tariffs. The decision in Learning Resources, Inc. v. Trump, 607 U.S. __ (2026), invalidates roughly half of all tariff revenue the government has collected over the past year. Trump responded within hours by … Read more
This post has been updated here. SUMMARY If the Supreme Court rules against Trump’s tariff authority under IEEPA, he retains multiple alternatives. These include Section 232 for national security tariffs, Section 301 for unfair trade practices, other statutory provisions and non-tariff barriers. However, these options require more process, justification and targeted application than IEEPA’s sweeping … Read more
The Trump administration’s recent expansion of tariffs has prompted many businesses to question whether significant tariff increases can trigger force majeure provisions in contracts. This issue has become increasingly urgent as companies navigate dramatically increased costs in 2025’s volatile global trade environment. Force majeure clauses typically excuse contractual obligations when extraordinary, unforeseeable events beyond either … Read more