As the Supreme Court takes up a high‑stakes test of presidential power over trade, Corporate America is largely staying on the sidelines of the legal fight—leaving small businesses to front the challenge to President Donald Trump’s emergency tariffs.
The justices heard arguments on November 5, 2025, in a case that will decide whether the International Emergency Economic Powers Act (IEEPA) lets a president unilaterally impose sweeping import taxes. Lower courts have rebuked the administration’s approach, saying Congress—not the White House—controls tariff authority, but the measures remain in effect during the appeal. Several conservative justices pressed the government on where IEEPA’s text authorizes tariffs, signaling a rigorous review of the administration’s claims. Two lower courts have already found the IEEPA tariffs unlawful, setting up a consequential separation‑of‑powers showdown.
The challenge was brought by small importers and joined by a group of states, while big-name corporations that often flood the high court with briefs have largely held back. According to court filings and reporting, no major companies filed briefs for the challengers, even as the U.S. Chamber of Commerce, free‑market scholars and dozens of former judges urged the Court to rein in emergency tariff powers. The U.S. Chamber of Commerce weighed in for the challengers, but many household‑name firms have opted for quiet lobbying or exemptions rather than a public court fight.
The case could reset the balance between Congress and the presidency on trade and ripple through prices, supply chains and corporate planning. A ruling curbing IEEPA‑based tariffs would narrow a tool the administration has used to ratchet duties up or down in real time, and could trigger refunds to importers—potentially in very large sums—while leaving narrower, more procedurally bound trade statutes on the table. The decision will also test how far this Court is willing to extend doctrines that demand clear congressional authorization for policies with vast economic impact.
A ruling is expected in the months ahead. However the Court lands, companies will be recalibrating: either to a trade policy once again tethered more tightly to Congress, or to an executive branch affirmed in its ability to deploy tariffs quickly in the name of economic emergencies. For now, the unusual quiet from large corporations underscores the political sensitivities—and the legal stakes—of a case that could redefine U.S. tariff power.