Big business quiet as Supreme Court hears Trump tariffs

2 min read
Nov 3, 2025 2:02:57 PM

As the U.S. Supreme Court takes up one of the biggest trade cases in years this week, corporate America is largely staying on the sidelines—leaving a coalition of small businesses and a few states to lead the fight over President Donald Trump’s sweeping tariffs.

The U.S. Supreme Court building with a calm atmosphere, symbolizing the anticipation surrounding the Trump tariffs case.

What’s happening

The Court will hear oral arguments on Wednesday, November 5, 2025, in consolidated cases testing whether the International Emergency Economic Powers Act (IEEPA) lets a president impose broad import duties. The official calendar lists Learning Resources, Inc. v. Trump and Trump v. V.O.S. Selections, Inc., with 80 minutes allotted for argument. Supreme Court of the United States. Former President Trump said he will not attend the argument to avoid becoming a distraction. Reuters.

Why it matters

The decision will determine the fate of the administration’s global tariff regime and clarify the limits of presidential trade authority. The Justice Department has asked the justices for a swift ruling, warning that uncertainty could disrupt trade negotiations and existing arrangements. The Washington Post.

Who’s fighting—and who isn’t

Small firms, including an Illinois educational toymaker and a New York wine importer, brought the challenge, while many marquee companies have refrained from filing their own friend‑of‑the‑court briefs. People involved in the litigation say that’s unusual and attribute it partly to concerns about retaliation. CNN. The U.S. Chamber of Commerce, however, filed a coalition amicus brief urging the Court to hold that IEEPA does not authorize these tariffs. U.S. Chamber of Commerce.

Background

On August 29, 2025, the U.S. Court of Appeals for the Federal Circuit, in a 7–4 ruling, said most of the IEEPA tariffs exceeded presidential authority, affirming a lower-court decision but keeping duties in place while the appeal proceeds. Associated Press. Earlier, on June 20, 2025, the Supreme Court declined to fast‑track a separate bid by toy companies to leapfrog the appeals process. Reuters. The current case does not cover other Trump‑era duties imposed under different statutes, such as Section 301 China tariffs or Section 232 steel and aluminum tariffs. Associated Press.

What’s next

Arguments are set for November 5, with a decision expected later in the term. Until the Court rules, the tariffs remain in effect. The Washington Post.

Sources

Disclaimer

Disclaimer: This article is for information only and is not legal or tax advice.

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