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12 March 2026

The US Supreme Court's IEEPA Decision On Tariffs – Behind The Headlines (Podcast)

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In this episode of Bad News, Good Lawyers, host Tom Firestone is joined by former Supreme Court clerk and co-chair of our Appellate & Supreme Court Practice Keith Bradley...
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In this episode of  Bad News, Good Lawyers, host Tom Firestone is joined by former Supreme Court clerk and co-chair of our Appellate & Supreme Court Practice Keith Bradley, who provides an in-depth legal analysis of the Supreme Court's recent decision in Learning Resources, Inc. v. Trump, more commonly known as the “IEEPA decision.”

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*The views expressed by guests on Bad News, Good Lawyers are those of the guest and do not necessarily reflect the views of Squire Patton Boggs.

Key questions addressed in this episode

  1. Does the fact that three “conservative” justices aligned with three “liberal” justices presage a new alignment on the court?
  2. Why does the power to impose an embargo not include the power to impose tariffs?
  3. What does the decision mean for secondary tariffs like those imposed on India for purchasing Russian oil?
  4. What does the “Major Questions” doctrine have to do with the IEEPA decision?
  5. How viable is the administration's plan to use the Trade Act of 1974 to reimpose tariffs invalidated by the Supreme Court?
  6. What does the IEEPA decision mean for refunds?

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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