IEEPA or Bust episode artwork

EPISODE · Feb 20, 2026 · 29 MIN

IEEPA or Bust

from Armchair Attorney® Podcast · host Matthew Leffler

IEEPA tariffs are found Unconstitutional, Learning Resources, Inc. v. Trump (2026).Today, Feb 20, 2026, the U.S. Supreme Court ruled in two combined cases that the International Emergency Economic Powers Act (IEEPA) does not give the President the power to impose tariffs on imports. This decision stopped tariffs set by President Trump to fight drug trafficking and trade deficits.Soon after becoming president, Trump declared national emergencies under IEEPA. He cited two big threats: Drug influx & Trade deficits.Businesses and states sued, saying IEEPA doesn't allow tariffs. One case started in a D.C. district court, which blocked the tariffs temporarily. The other went to the Court of International Trade (CIT) and was upheld by the Federal Circuit appeals court. They said IEEPA's words about "regulating importation" don't cover unlimited tariffs. The Constitution gives Congress, not the President, the power to set taxes and duties, including tariffs (Article I, Section 8). The Framers wanted Congress to control "the pockets of the people." Presidents have no natural right to impose tariffs in peacetime. The government argued IEEPA lets the President "regulate... importation," which they said includes tariffs of any size, length, or scope. But the Court disagreed, using these key points:Major Questions Doctrine: The Court is wary of laws that vaguely give away huge powers. Tariffs affect the economy massively, trillions in trade and billions in revenue. Congress wouldn't hide such a big handover in unclear words. In 50 years of IEEPA, no president had used it for tariffs. Past laws delegating tariff power were always clear and limited. This claim was too extreme, especially for the "power of the purse."Word Meanings in IEEPA: The law lists powers like "investigate, block, regulate, direct, nullify" imports or exports. It doesn't mention tariffs or duties. "Regulate" usually means to control or restrict, not to tax. Taxes are separate, Congress always says so explicitly when giving tax powers. If "regulate" included taxes, it might violate the Constitution's ban on export taxes. The other words in the list are about sanctions or controls, not raising money.No Exceptions: Even in emergencies or foreign affairs, Congress must clearly say if it's giving away tariff power. Tariffs aren't just regulation; they're taxes with big economic and political effects.The Court vacated (canceled) the D.C. case for jurisdictional reasons and affirmed (upheld) the Federal Circuit's ruling. IEEPA can't be used for tariffs. This protects Congress's role in trade policy.The opinion was written by Chief Justice Roberts, with parts joined by Justices Gorsuch and Barrett. It stresses separation of powers and careful reading of laws.This program is brought to you by DAT Freight & Analytics. Since 1978, DAT has helped truckers & brokers discover more available loads. Whether you're heading home or looking for your next adventure, DAT is building the most trusted marketplace in freight. New users of DAT can save 10% off for the first 12 months by following the link below. Built on the latest technology, DAT One gives you control over every aspect of moving freight, so that you can run your business with speed & efficiency.This program is also brought to you by our newest sponsor, GenLogs. GenLogs is setting a new standard of care for freight intelligence. Book your demo for GenLogs today at www.genlogs.io today!

IEEPA tariffs are found Unconstitutional, Learning Resources, Inc. v. Trump (2026). Today, Feb 20, 2026, the U.S. Supreme Court ruled in two combined cases that the International Emergency Economic Powers Act (IEEPA) does not give the President the power to impose tariffs on imports. This decision stopped tariffs set by President Trump to fight drug trafficking and trade deficits. Soon after becoming president, Trump declared national emergencies under IEEPA. He cited two big threats: Drug ...

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IEEPA tariffs are found Unconstitutional, Learning Resources, Inc. v. Trump (2026).Today, Feb 20, 2026, the U.S. Supreme Court ruled in two combined cases that the International Emergency Economic Powers Act (IEEPA) does not give the President the...

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