Big business sits out Supreme Court fight over Trump tariffs

When the Supreme Court takes up President Donald Trump’s emergency tariffs this week, the courtroom will feature an unusual cast: small businesses at the forefront, while corporate America mostly watches from the sidelines.

What’s new

The justices are set to hear consolidated arguments on November 5, 2025, in Learning Resources v. Trump and Trump v. V.O.S. Selections, testing whether the International Emergency Economic Powers Act (IEEPA) authorizes Trump’s sweeping “Liberation Day” tariffs. Lower courts ruled in May and on August 29, 2025, that the IEEPA does not grant such tariff power; the Supreme Court agreed on September 9 to fast-track review after previously declining to short-circuit the normal process on June 20. (Reuters; The Washington Post; Reuters)

Who’s (not) weighing in

Large U.S. companies have largely avoided bringing lawsuits or filing friend-of-the-court briefs in this high-stakes dispute, leaving smaller firms—like Illinois-based Learning Resources and New York wine importer V.O.S. Selections—to lead the challenge. (Reuters) One notable exception: the U.S. Chamber of Commerce filed a coalition amicus brief on October 24, 2025, urging the Court to hold that IEEPA does not permit tariffs. (U.S. Chamber of Commerce) For background on why many big brands are staying quiet, see CNN.

Why it matters

The IEEPA-based duties have generated roughly $100 billion so far, according to court filings cited in news reports, and a ruling against the administration could trigger significant refund claims and reshape presidential trade powers. (Reuters; The Washington Post) Importantly, the case targets only the emergency tariffs imposed under IEEPA; other regimes, such as Section 232 steel and aluminum measures and Section 301 China tariffs, are not directly at issue. (Associated Press)

What’s next

Oral arguments are scheduled for November 5, 2025. While the Court typically issues rulings months after argument, the administration has asked for a swift decision given the economic stakes. (Reuters)

Sources

• A toy maker takes his case against Trump’s tariffs to the Supreme Court — Reuters (November 3, 2025)
• Supreme Court to weigh legality of Trump’s tariffs in key economic case — The Washington Post (September 9, 2025)
• US Supreme Court declines to speed up decision on taking up fight over Trump tariffs — Reuters (June 20, 2025)
• Court finds Trump’s tariffs an illegal use of emergency power, but leaves them in place for now — The Associated Press (August 29, 2025)