Please contact D. Michael Kaye, Jeremy W. Dutra, Keith Bradley, and Anya Bharat Ram with any questions.
On November 5, 2025, the US Supreme Court (SCOTUS) will hear the Trump administration’s appeal of lower court decisions holding the president’s imposition of the “fentanyl” and “reciprocal” tariffs under the International Emergency Economic Powers Act (IEEPA)1 unlawful.
Given the importance of the issue and that the stay of the lower court decisions has allowed the US to continue collecting IEEPA duties, we expect the court to issue its decision expeditiously, most likely before the end of 2025.
