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Supreme Court prepares to confront monumental case over Trump executive power and tariff authority
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Economic imperative or executive overreach? That is the question the Supreme Court is preparing this week to confront, in one of its most monumental appeals over the scope of executive power, a time-sensitive challenge to President Donald Trump’s expansive import tariffs over most countries.
The justices will hear oral arguments Wednesday over lawsuits from a coalition of small businesses and several Democratic-led states, who say Trump has abused his authority by declaring a «national emergency» to impose levies on nearly every country in the world.
At issue is whether the International Emergency Economic Powers Act (IEEPA) gives the president that power.
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Lower federal courts have ruled against the Executive Branch, but Trump’s Justice Department warns «denial of tariff authority would expose our nation to trade retaliation without effective defenses.»
The financial and political stakes are enormous, with potential immediate effects on the domestic and global economies. Businesses and industries, large and small, are nervously watching how the Court will act.
«The Supreme Court will decide whether or not Congress, in fact, gave the president the fairly broad authority that he’s claimed to impose [tariffs] on, in a way that no president has used it before,» said Thomas Dupree, a leading appellate attorney and a former top Justice Department official. «Not to say that’s necessarily impermissible, but it is something that the Supreme Court has not seen in recent years and is going to weigh in on whether or not he’s overstepped the authority that he has under the law.»
The final word
The consolidated, expedited appeals will be the first major test on the merits of the White House’s aggressive second-term agenda to remake large swaths of the federal government, and the outsized role this president has so far played.
The administration has been winning most of the emergency appeals at the Supreme Court since January dealt only with whether challenged policies could go into effect temporarily, while the issues play out in the lower courts — including immigration, federal spending cuts, workforce reductions and transgenders in the military.
The facade of the Supreme Court building at dusk is shown in this file photo. (Drew Angerer/Getty Images)
In doing so, the 6-3 conservative majority has reversed about two dozen preliminary nationwide injunctions imposed by lower federal courts, leading to frustration and confusion among many judges.
Now those percolating petitions are starting to reach the Supreme Court for final review — and legal analysts say the bench may be poised to grant broad unilateral powers to the president.
The justices fast-tracked the administration’s appeal over sweeping tariffs on nearly every country, which were blocked by lower courts.
A high court ruling on the merits could come quickly, perhaps within weeks. Both sides have urged a quick decision, since the U.S. has been engaged in active, ongoing trade negotiations with dozens of countries over the past months.
This could be the start of several high-profile merits appeals over Trump’s executive actions.
In December, the justices will decide whether to overturn a 90-year precedent dealing with the president’s ability to fire members of some federal regulatory agencies like the Federal Trade Commission.
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And in January, the power of President Trump to remove Lisa Cook from the Federal Reserve’s Board of Governors will be tested in another major constitutional showdown. For now, the Biden-appointed Cook will remain on the job.
Other appeals that could be added to the high court argument docket include birthright citizenship and other immigration-related petitions, Diversity, Equity and Inclusion policies in educational institutions and the environment.
The law in question
Congress is given the power under the Constitution’s Article I to «lay and collect Taxes, Duties, Imposts and Excises.»
But when Trump in February began issuing a series of executive orders, he relied on the IEEPA, which gives the president the power — under a self-declared national economic emergency — to «investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest.»
The Trump Justice Department says the choices are stark.
«President Trump and his advisors have determined that erroneously invalidating the IEEPA tariffs, ‘would have catastrophic consequences for our national security, foreign policy, and economy,’» wrote U.S. Solicitor General D. John Sauer, who will argue the case before the justices. Citing Trump’s own words, «The President has emphasized: ‘If the United States were forced to unwind these historic agreements … the economic consequences would be ruinous, instead of unprecedented success.»
President Donald Trump meets with NATO Secretary General Mark Rutte in the Oval Office of the White House, Wednesday, Oct. 22, 2025, in Washington. (Alex Brandon/AP Photo)
But the plaintiffs claim no president until now in the law’s five decades has ever used it to impose «sweeping worldwide» tariffs.
«Context, history and common sense all support a more modest understanding of that provision — one that leaves the President ample tools to address emergencies but does not delegate Congress’ tariffing power wholesale,» wrote Benjamin Gutman, Oregon’s solicitor general, who will argue the case for the state plaintiffs. «This Court should reject the President’s bid to seize that power for himself.»
Two categories of tariffs involving a variety of products are being contested: The first are «trafficking tariffs,» on goods from Canada, China and Mexico, imposed after the Trump administration said those nations have not done enough to reduce the flow of fentanyl.
The second, broader category, labeled «reciprocal tariffs,» involves tariffs ranging from 10% to 50% on products from virtually all countries.
The arguments
The Supreme Court will hold at least 80-minutes of scheduled oral arguments in its marble-lined courtroom, but the public session is expected to last much longer.
The justices will almost certainly have many questions of counsel from both sides, since they will be confronting a range of novel legal and constitutional questions over Trump’s tariff authority.
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The arguments — audio of which will be streamed live on the court’s website — will consist of the bench posing questions, comments and hypotheticals to lawyers from the federal government, private business and the states.
After the public sessions, the justices will meet privately — perhaps later Wednesday — and vote on the case, at least preliminarily.
The majority and any dissenting opinions will be assigned, and the court go begin articulating a ruling that will serve as precedent for this and future disputes over executive authority.
The court will have no shortage of information to ponder. In addition to the written briefs filed by the opposing parties, about four dozen «amicus» briefs have been filed, offering a range of legal positions from advocacy groups, other state governments and legal and economic scholars.
United States Supreme Court (front row L-R) Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan, (back row L-R) Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh and Associate Justice Ketanji Brown Jackson pose for their official portrait at the East Conference Room of the Supreme Court building on Oct. 7, 2022, in Washington, D.C. (Photo by Alex Wong/Getty Images)
The impact
The unpredictable, ongoing rollout of tariffs has created global economic uncertainty and fears of higher consumer prices, but Trump has also used them as political leverage to pressure countries into negotiating new trade deals.
«A big fraction of the Supreme Court’s docket will present the question, can President Trump do: fill in the blank? And that includes imposed tariffs,» said Dupree. «Trump is pushing at every limit and the Supreme Court this term is going to be telling us whether he’s exceeded those limits. That is going to be the story of so much of what the Supreme Court is deciding this term is whether the president has [acted] within or has exceeded.»
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Of more immediate focus, the tariff cases will offer a tantalizing «first look» guide of how broadly the conservative majority high court views Trump’s muscular view of presidential power, a template for almost certain future appeals of his executive agenda.
The cases are Learning Resources, Inc. v. Trump (24-1287); Trump v. V.O.S. Selections, Inc. (25-250).
supreme court,supreme court oral arguments,donald trump,economy,global economy,china,brazil,canada,location mexico,justice department
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Mamdani announces new Office of Mass Engagement, says he needed a ‘clean slate’ to govern New York City
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New York City Mayor Zohran Mamdani said Friday his first executive order as mayor was meant to draw a line after former Mayor Eric Adams was indicted while also launching a new City Hall office aimed at changing how the public is involved in decision-making.
«In the first executive order, you, as the new mayor of a city, have to sign a continuation of all prior executive orders or a revocation or an amendment of all of them,» Mamdani said during a question-and-answer session focused on what he called the city’s revived Office of Mass Engagement.
Mamdani said his administration chose to continue the executive orders that came before Adams’ 2024 indictment on federal corruption charges, which were later dropped by the Justice Department and dismissed by a federal judge in April.
«And, so, what we did was to sign an executive order that continued every executive order that predated the moment when our former mayor was indicted,» Mamdani said, calling it «a moment when many New Yorkers lost even more faith in New York City politics and the ability of city government to actually prioritize the needs of the public, as opposed to the needs of the person.»
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New York City Mayor Zohran Mamdani signs executive orders with campaign volunteers during an appearance at Grand Army Plaza in Brooklyn, Friday, in New York City. The newly inaugurated mayor has revoked a number of executive orders issued by former NYC Mayor Eric Adams, including some related to Israel. (Spencer Platt/Getty Images)
«And what we will now do is showcase that new era to protect each and every New Yorker and to deliver for those same New Yorkers in a manner that they have not seen under prior administrations,» he added.
The executive order revoked or required reissuance of mayoral directives issued after Sept. 26, 2024, giving the Mamdani administration control over which policies would carry forward.
Mamdani made the remarks as he described the purpose of a new Office of Mass Engagement, which he said is intended to bring together civic outreach work already happening across city government.
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New York City Mayor Zohran Mamdani signs executive orders with campaign volunteers during an appearance at Grand Army Plaza in Brooklyn, N.Y. (Spencer Platt/Getty Images)
Mamdani said the new Office of Mass Engagement will be led by Tascha Van Auken, an organizer whose background includes national Democratic campaigns and New York City’s Democratic Socialists of America (DSA).
«Since President Obama’s first campaign in 2008 to her leadership in New York City DSA, Tascha has spent more than a decade organizing at scale,» Mamdani said.
Mamdani credited Van Auken with building the volunteer operation behind his mayoral campaign, saying she mobilized more than 100,000 volunteers who knocked on more than 3 million doors across the city.
«The work of civic engagement has existed before today. It has been a part of city government,» Mamdani said. «However, it has often been siloed in different parts of city government infrastructure, sometimes under different offices, sometimes through different initiatives.
«Part of the intent of this executive order is not just to create a new Office of Mass Engagement, but also to cohere all of the work that is already being done into one place so that we can ensure that it’s not duplicative, and it’s actually fulfilling its intent.»
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NYC Mayor Zohran Mamdani addresses the crowd during his inauguration outside of City Hall on Thursday. (Jason Alpert-Wisnia/Hans Lucas/AFP via Getty Images)
Mamdani said he wants the new office to change when public engagement happens in the policy process.
«Oftentimes, the outreach and engagement of city government is done with an intention to justify a decision that’s already been taken,» he said. «The point of this office is, however, to make decisions with a large part being what the public actually thinks about those decisions.»
Asked about budget and staffing, Mamdani said the office will initially draw from existing city employees.
«There are a number of employees within this office that are already working for the city, within previously existing offices. And then the specifics of how it will expand beyond that is something that we will be sharing later,» he said.
Mamdani rejected the idea that the office was built around re-election politics, saying it is aimed at «delivering for New Yorkers today, delivering for New Yorkers every single day. … We have an opportunity in this moment where New Yorkers are allowing themselves to believe in the possibility of city government once again. That is not a belief that will sustain itself in the absence of action,» Mamdani said.
Mamdani also pointed to another appointment announcement, saying the engagement office aligns with his decision to name Ali Najimy to lead recruitment and outreach for the Mayor’s Advisory Committee on the Judiciary.
«Too often, the ability for a New Yorker to become a judge has been determined by who they know, as opposed to the work that they do,» Mamdani said, adding that the goal is to ensure the judicial system reflects the city and «a commitment to excellence and an application of the law in a universal manner.»
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Najimy said the position would expand recruitment citywide and shape criminal and family court appointments, saying that candidates should be evaluated «on the merits of their experience, their qualifications, their commitment to public service.»
Mamdani said he does not want the new office judged by activity alone.
«We should not be measured on the number of meetings we hold or the number of surveys that are filled out,» he said. «We should, in fact, be measured by the way in which we incorporate that feedback into the decisions that we make.
Mamdani’s office did not immediately respond to Fox News Digital’s request for additional comment.
zohran mamdani,ericadams,new york city,socialism
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Ukraine orchestrated a fake hit on one of Russia’s enemies who has fought alongside Ukrainian forces, tricking the Kremlin into paying out a $500,000 bounty Kyiv used to fund its war effort.
The subject of the supposed Dec. 27 assassination was Denis Kapustin, also known as «White Rex,» the leader of the right-wing Russian Volunteer Corps, a group fighting for the overthrow of Vladimir Putin, Metro UK reported.
However, Kapustin is alive despite claims from the Ukrainian Armed Forces last week that he was killed by an FPV drone in the southern Zaporizhzhia region.
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Denis Kapustin, also known by his pseudonym, «White Rex,» the leader of the right-wing Russian Volunteer Corps, was initially reported to have been killed by a drone strike. (East2West)
«We will definitely avenge you, Denis. Your legacy lives on,» the RVC group wrote on Telegram last week.
On Thursday, the Defence Intelligence of Ukraine (GUR) confirmed this was part of a special operation to save Kapustin’s life and, in the process, earn $500,000.
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Denis Kapustin, also known by his pseudonym «White Rex,» appeared in a video announcing he was alive after Ukraine reportedly orchestrated a ruse to fool Russia. (East2West)
«Welcome back to life,» HUR General Kyrylo Budanov, who heads Ukraine’s military intelligence agency, said while congratulating Kapustin and his team on a successful intelligence operation, News.com.au, an Australian news website, reported.
After Russia’s invasion of Ukraine in 2022, Kapustin founded the RVC to fight alongside the Ukrainian army.
A drone headed toward a vehicle as part of a ruse to fool Russia into thinking Denis Kapustin was killed. (East2West)
The group, which was banned in Russia as a terrorist organization, was known for staging cross-border attacks in Russia’s Belgorod and Kursk regions. He had twice been sentenced in absentia to life imprisonment by kangaroo courts in Russia, The Sun reported.
A still image from a reported drone blast that killed one of Russia’s biggest enemies. (East2West)
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In March 2024, the RVC stormed into Russia and clashed with security forces before capturing Russian soldiers.
Ukraine and Russia are in the middle of peace talks mediated by President Donald Trump. The deal is close, but Ukrainian leaders have said the sticking point remains the issue of disputed territories.
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