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Big Business Largely Sits Out Supreme Court Tariff Showdown

2 min read

Nov 5, 2025 10:10:00 AM

Major U.S. companies are largely sitting out the Supreme Court fight over Donald Trump’s tariffs, leaving small businesses, trade groups and a constellation of conservative legal donors to front the challenge to the president’s sweeping levies.

Corporate silence amid a contentious Supreme Court tariff debate

What Happened

The justices heard arguments on whether the International Emergency Economic Powers Act (IEEPA) allows a president to impose broad import taxes without Congress. The lead case, brought by Illinois toymaker Learning Resources and other small importers, contends IEEPA is not a tariff statute and that Trump overreached by invoking emergency powers. Oral arguments began November 5, 2025, after the Court earlier declined to fast-track the dispute in June.

Why Big Firms Stayed Quiet

In a departure from their frequent presence in high-profile Supreme Court fights, household-name corporations did not file briefs backing the challengers. The U.S. Chamber of Commerce did, but many individual blue-chip companies opted for lobbying and case-by-case relief rather than public confrontation. Reporting shows the litigation has been fueled instead by libertarian-leaning groups and conservative donors aligned with the Liberty Justice Center, which is supporting the small-business plaintiffs. The Chamber of Commerce backed the challenge, underscoring a broader split in the business right over tariffs.

The Legal Stakes

The court’s decision will test the outer bounds of executive power on trade and the nondelegation principles that reserve taxing and tariff authority to Congress. Conservative justices pressed the administration on whether IEEPA’s text—authorizing the president to “regulate” importation during emergencies—can be read to permit across-the-board duties that typically require legislation. Lower courts have cast doubt on Trump’s theory, and a ruling against the administration could force refunds of tariffs collected under the emergency regime, which have totaled roughly tens of billions of dollars.

What’s Next

The administration argues the levies are essential economic and national-security tools and says alternative authorities exist if IEEPA falls. The Court is expected to decide the case later this term. However it rules, companies are bracing for ripple effects in pricing, supply chains and negotiations with trading partners—and watching whether corporate silence in this test case becomes a template for navigating politically sensitive litigation. The Court refused to fast-track the case on June 20, 2025, signaling it would proceed on a normal timetable.