The Limits of IEEPA
Courts have historically deferred to presidents in their use of IEEPA, hewing to the longstanding judicial view that presidents should be granted wide latitude in their conduct of foreign affairs. But America’s courts have at times been willing to push back against novel uses of IEEPA, particularly uses that directly impact Americans’ basic rights. Courts will likely have additional opportunities to define IEEPA’s scope in the coming years as presidents continue to deploy it aggressively and for novel purposes. Already, courts are grappling with how to apply IEEPA, a statute passed well before the internet, to cryptocurrencies and the blockchain. Courts may play a larger role in resolving interpretive issues around IEEPA in light of the Supreme Court’s 2024 decision in Loper Bright v. Raimondo, overturning the decades-old doctrine of Chevron deference that had previously given agencies wide latitude when interpreting statutes. Harrell's Essay provides a summary of current and potential limits on IEEPA’s use, and closes with brief recommendations for reform of the statute.
Recommended Citation: Peter E. Harrell, The Limits of IEEPA, 48 Fordham Int'l L.J. 1043 (2025).