11/ In short, this case is about restoring or redefining the boundary between Congress’s lawmaking role and the President’s emergency authority.

10/ The decision here won't just affect one set of tariffs. It will determine whether future presidents can use emergency declarations to bypass Congress on trade, regulation, or other consequential matters.

9/ However, as the Clinic points out: If the Court accepts the Government’s view, a president could: declare almost any issue foreign, label it an emergency, and unilaterally change major areas of economic law. All without congressional approval.

8/ The Government argues IEEPA is a flexible statute that authorizes tariffs and that delegation concerns are unfounded because of the President's broad foreign affairs power. They emphasize judicial restraint, meaning that Courts shouldn’t second-guess national security decisions.

7/ Furthermore, if the Court interprets IEEPA so broadly that it allows tariffs, then the law would amount to an unconstitutional delegation of legislative power.
Congress cannot hand over its core economic authority to the executive without clear limits.

6/ Courts usually avoid investigating motives. But here, without examining pretext, IEEPA becomes a loophole for any president to label any trade issue an “emergency” and bypass Congress.

5/ Amici further argue that the statute requires a genuine, unexpected foreign threat. Here, the declared “emergency” was policy pretext, not an actual crisis.

4/ Petitioners argue that Congress never delegated away its tariff authority via IEEPA and to allow tariffs in this case would mean the President can rewrite trade policy simply by declaring an emergency. This would turn the emergency power into an economic policymaking authority.

3/ Today, several Clinic supervisors and students published a bench memo in Just Security explaining the consequential matters at stake. www.justsecurity.org/123818/scotu...

2/ Last week, the Clinic submitted an amicus brief on behalf of former senior government officials arguing that the President illegally utilized emergency powers to deploy tariffs.

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