On Nov. 5, the Supreme Court will hear arguments about President Donald Trump’s IEEPA tariffs. The IEEPA is the 1977 International Emergency Economic Powers Act. This is the authority Trump cites for his “reciprocal” across-the-board 15% tariffs plus his individual and ever-changing country-by-country add-ons.

Once the president declares an emergency — which requires little more than a presidential say-so – the president may “investigate, regulate or prohibit” various economic transactions. The word “tariff” does not appear in the International Emergency Economic Powers Act.

A trial court and appeals court both ruled that the tariffs are impermissible. The decisions weren’t close with 11 of the 14 judges agreeing on this point.

Some of the judges reasoned that tariffs were not permitted

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