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Big business sits out Supreme Court tariff showdown

Written by Aanya Menon | Nov 3, 2025 11:14:19 PM

As the Supreme Court prepares to hear a high-stakes challenge to Donald Trump’s global tariff strategy, America’s biggest brands are largely missing from the fight. Few Fortune 500 firms filed briefs as arguments near on November 5.

What’s happening

The Court will hear a consolidated case on Wednesday, November 5, 2025, testing whether the International Emergency Economic Powers Act (IEEPA) lets a president impose sweeping import duties. Reuters reports that small businesses and a coalition of states brought the core challenges after lower courts found overreach under the 1977 law. Oral arguments are set for November 5, 2025.

How we got here

Trump announced tariffs in early 2025, including a baseline import levy and higher "reciprocal" rates tied to trade deficits, plus targeted duties linked to fentanyl trafficking. Multiple courts questioned those moves. In late August, an en banc Federal Circuit panel ruled that IEEPA does not authorize the broad tariff program, while allowing collections to continue pending appeal. Reuters; The Washington Post. A 7–4 Federal Circuit ruling found the tariffs unlawful.

Where big business stands

Unlike past marquee Supreme Court cases, few household‑name corporations have filed friend‑of‑the‑court briefs on tariffs. The amicus roster opposing IEEPA tariffs is dominated by small firms, trade advocates, former officials and lawmakers. One notable exception: the U.S. Chamber of Commerce, which urged the justices to reject IEEPA as a basis for across‑the‑board tariffs. U.S. Chamber of Commerce; CNN. The U.S. Chamber filed an amicus on October 24, 2025.

Why it matters

The outcome could reset the balance of power over trade, clarifying whether presidents can leverage emergency statutes to unilaterally raise broad tariffs—or must rely on traditional trade laws and Congress. For companies, the decision affects supply‑chain costs, pricing strategies and planning certainty. For now, the duties remain in force while the case proceeds, as noted by AP.

What’s next

After Wednesday’s arguments, the Court could move faster than a typical term given the expedited posture, though a decision timeline is not guaranteed. The Chamber has scheduled a post‑argument forum on November 6 to parse signals from the justices. U.S. Chamber of Commerce.

Sources