Washington, D.C. – The U.S. Supreme Court has denied the Trump-Vance administration’s attempt to establish tariffs far beyond congressional limitations, issuing a ruling in Learning Resources. Inc. v. Trump today, which will require the administration to explicitly seek congressional authority before establishing tariffs that could dramatically affect the American economy.
This critical case focused on the president’s authority to establish tariffs, despite the Constitution clearly stating that the authority to levy taxes, including tariffs, rests with Congress. Shortly before the case was argued in November 2025, a coalition of leading historians of constitutional law and the presidency submitted a friend-of-the-court brief highlighting the historic significance of tariffs and the clear legal requirement that guardrails tariffs be set by the Legislative branch – and respected by the Executive. The brief was submitted by Democracy Forward on behalf of renowned historians Corey Brettschneider of Brown University, Sotirios Barber of University of Notre Dame, Holly Brewer of the University of Maryland, Martin Flaherty of Fordham and Princeton Universities, Lawrence Lessig of Harvard University, Carol Nackenoff of Swarthmore College, Gautham Rao of American University, Jeffrey Tulis of University of Texas – Austin, and Lawrence Sager of University of Texas Law School.
“The Supreme Court today rightly affirmed the constitutional role of Congress in tariff policy,” said Skye Perryman, President and CEO of Democracy Forward. “This is not just a victory for the American consumer, it is a victory for American democracy. In the United States, there is no king. And, under our Constitution, it is Congress, not the president, that has the authority to establish tariffs. We are grateful to the renowned historians who offered the court important perspective and information about the authority of Congress to establish tariffs, and are committed to continuing our work to protect our democracy from the harmful actions of the Trump-Vance administration.”
While on the campaign trail and since his inauguration, President Trump repeatedly made statements and social media posts about tariffs and international trade agreements. On April 2, he declared a national emergency, announcing that he would be imposing a 10% tariff on most imports to the United States and additional duties on certain trading partners. The president’s announcement cited the International Emergency Economic Powers Act (IEEPA) to levy duties on nearly $2.2 trillion worth of imports, but IEEPA contains no authority for him to do so.
The Democracy Forward attorneys working on the case include Pooja Boisture, Gilbert Orbea, Ross Synder, Somil Trivedi, Amy Vickery, and Paul Wolfson.
Read the historians’ full friend-of-the-court brief here.
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Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
