Serious Trouble IEEPA, You EEPA, We EEPA
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Feb 21, 2026 A deep dive into the Supreme Court ruling that struck down country-specific tariffs under the International Emergency Economic Powers Act. A federal prosecutor is held in contempt for failing to return a detainee's ID. Court orders force ICE detainees to get lawyer access and a judge rejects renewed detention attempts. Plus courtroom chaos from a mistrial over a lawyer's T-shirt and an alarming whispered threat during a deposition.
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IEPA Doesn’t Authorize Tariffs
- The Supreme Court ruled 6-3 that IEPA does not authorize country-specific tariffs.
- Justices agreed on outcome but split sharply on whether the major questions doctrine or plain statutory reading controls.
Different Paths To The Same Result
- Conservatives invoked the major questions doctrine to require clear congressional authorization.
- Democratic appointees said statutory text alone shows tariffs aren't authorized, producing different rationales for the same outcome.
Refunds From Invalid Tariffs Are Messy
- The refund question from struck tariffs remains unresolved and legally complex.
- The government previously argued no stay was needed because refunds could be made later, then complained about refund burden.