Could American courts end up being allies for Canada in the tariff tiff with President Trump?
It looks like this might not just be a pipe dream.
The U.S. Federal Court of Appeals for the Federal Circuit heard arguments in V.O.S. Selections et al. v Donald J. Trump last week. This high-profile case challenges President Trump’s use of the 1977 International Emergency Economic Powers Act (IEEPA) to declare a national emergency and impose tariffs on much of the world, in addition to more specific tariffs imposed on Canada.This law was used to impose the initial raft of tariffs on Canada on February 1, 2025, but also in the August 1, 2025, increase of tariffs on non-treaty protected imports to 35 percent.
After listening to the oral argument at the Federal Court of Appeals, I am struck by two points. First, the hearing did not go well for the president’s lawyers. Second, although plain questions of statutory interpretation took centre stage, constitutional arguments often associated with legal conservatism (e.g., a stricter understanding of the separation of powers) appeared to help tip the scales against the president’s case.
