In early November, the U.S. Supreme Court held oral arguments on whether the president exceeded his authority by imposing tariffs under the International Economic Emergency Powers Act, in cases collectively challenging the “trafficking” tariffs on Canada, China and Mexico and “reciprocal” tariffs on nearly all U.S. trading partners. Our customs and international trade team recaps the arguments on the merits and administrative issues presented to the Court, and a current analysis of the following questions: • When will the Supreme Court issue its decision? • What happened at oral argument? • Will refunds be available if the challenged tariffs are invalidated? • Do I need to file my own lawsuit to preserve my rights to a potential refund? • What can I do to try and preserve my rights while these issues are resolved if I do not want to file my own lawsuit at this point?
