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Big Business Sits Out Supreme Court Clash Over Trump Tariffs

2 min read

Nov 4, 2025 9:28:01 AM

Major U.S. companies are largely absent as the Supreme Court takes up the most significant legal test of President Donald Trump’s tariff powers in his second term. Big business has mostly stayed on the sidelines of this high‑stakes case, leaving small firms, states and trade groups to front the challenge. Industry giants watch from the sidelines as tariffs take center stage.

Industry giants watch from the sidelines as tariffs take center stage.

What Happened

The justices will hear arguments on November 5, 2025, in consolidated cases testing whether the International Emergency Economic Powers Act (IEEPA) lets a president impose sweeping import tariffs. The challengers include family‑owned companies such as Learning Resources and wine importer V.O.S. Selections, alongside a coalition of states. Lower courts have ruled that IEEPA likely does not authorize broad tariff regimes, but the levies remain in effect pending review. The Supreme Court will decide the scope of a president’s emergency trade powers.

Who’s Weighing In

Unlike past blockbuster business cases, few household‑name corporations filed friend‑of‑the‑court briefs. Reuters reports that large U.S. companies neither brought lawsuits nor submitted amicus briefs, focusing instead on lobbying and seeking exemptions. By contrast, the U.S. Chamber of Commerce has weighed in against the IEEPA tariffs, and a range of conservative and libertarian legal groups, former judges, and economists have lined up with the small‑business challengers. The Liberty Justice Center is backing several of those firms, while declining to disclose its donors; a Washington Post analysis shows the group has received funding in recent years from donor‑advised and conservative philanthropies.

Why It Matters

The outcome could reset the balance of trade authority between Congress and the White House and ripple across supply chains. If the administration loses, the government could be forced to refund roughly $90 billion in tariff revenue collected under emergency powers, according to reporting based on federal data. Notably, the dispute does not cover tariffs imposed under other statutes, such as national‑security duties on steel and aluminum or Section 301 tariffs on certain Chinese goods.

What’s Next

The administration argues IEEPA’s grant to “regulate” trade during emergencies includes tariff authority and has urged a swift ruling. A decision is typically months away, but the Court could act faster given the economic stakes. However the justices rule, corporate America’s restraint here is telling: big brands are staying quiet in court while smaller players carry the banner — a reversal of the usual alignment in major business cases. A ruling could either cement a powerful tool for unilateral trade action or sharply curtail it.