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Trump tariffs’ fate rides on Supreme Court

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President Donald Trump’s three U.S. Supreme Court appointees will play pivotal roles as the court considers the fate of his signature global tariffs Wednesday.

Each of the three — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — has generally backed the president in a blizzard of emergency orders this year letting Trump implement his policies temporarily.

But the tariff case will be the first time the court and its 6-3 Republican-appointed majority have directly considered Trump’s underlying assertions of sweeping presidential power. And to varying degrees, the Trump appointees have hinted that they aren’t sure bets to back him as he seeks unprecedented authority to levy tariffs in the name of addressing national emergencies. 

“I don’t think it’s inevitable that this is going to be a sort of partisan alignment, or the sort of standard 6-3 alignment that we’ve seen in some other cases,” said Roman Martinez, an appellate lawyer at Latham & Watkins who helped file a brief for the U.S. Chamber of Commerce opposing the tariffs.

The case will decide the fate of most of the import taxes Trump has imposed since taking office, including his April 2 “Liberation Day” tariffs.

Trump says the tariffs are authorized by the 1977 International Emergency Economic Powers Act, which gives the president a panoply of tools to address national security, foreign policy and economic emergencies — but doesn’t explicitly authorize tariffs. Administration lawyers say the national trade deficit and fentanyl crisis constitute emergencies that let the president invoke the law and impose tariffs on trillions of dollars of trade.

Here’s a look at how each Trump appointee might approach the case, along with another key figure, Chief Justice John Roberts. The companies and states challenging the levies will probably need the votes of two of the four to win the case. 

The court’s three liberals Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — are likely to vote against Trump. Conservatives Clarence Thomas and Samuel Alito usually side with Trump.

Brett Kavanaugh

Some court watchers say Kavanaugh is the most likely of the Trump appointees to back his tariffs. It’s a bit of an unusual spot for Kavanaugh, who in other contexts joins Barrett or Roberts to put restraints on their more conservative colleagues, including Gorsuch.

But Kavanaugh is a staunch advocate of presidential power, particularly when interpreting statutes affecting foreign affairs or national security. “The usual understanding is that Congress intends to give the president substantial authority and flexibility to protect America and the American people,” he wrote in June in a case involving the Federal Communications Commission.

Kavanaugh made those comments while discussing the so-called major questions doctrine, an issue that could be central in the tariff case. Under that doctrine, which the court used repeatedly to thwart Democrat Joe Biden during his presidency, federal agencies need explicit congressional authorization to take actions that have sweeping economic or political significance.

The doctrine “has not been applied by this court in the national security or foreign policy contexts, because the canon does not reflect ordinary congressional intent in those areas,” Kavanaugh wrote.

The best hope for the challengers may be that Kavanaugh will see the case as more about the tariff and taxing powers that the Constitution allocates to Congress than about the president’s foreign-affairs and national-security authority. 

Even so, the opponents may be hard-pressed to win over Kavanaugh. He “may be less in play for the plaintiffs who are challenging the tariffs,” said Elizabeth Prelogar, an appellate lawyer at Cooley who was Biden’s solicitor general. 

Neil Gorsuch

In contrast, Gorsuch might be less sympathetic to Trump than the conservative justice is in other contexts. 

A stickler for statutory language, Gorsuch is likely to have questions about Trump’s use of a law that doesn’t explicitly mention either tariffs or taxes. The closest the law comes is by saying the president may “regulate” the “importation” of products in emergency situations.

Gorsuch is a staunch advocate of both the major questions doctrine and a related legal argument known as the nondelegation doctrine, which limits Congress’ leeway to hand off its constitutional legislative and taxing powers. In the FCC case, he said the nondelegation doctrine was especially important as a check on Congress’s ability to give away its domestic taxing power, though Gorsuch said tariffs might be a different matter.

Though he normally aligns with Thomas and Alito, Gorsuch may be more likely to vote against Trump’s tariffs than Kavanaugh is, according to Prelogar. “It might actually be the chief, Barrett and Gorsuch who are in play,” she said.

Amy Coney Barrett

Like Gorsuch, Barrett is a textualist who focuses heavily on the words of a statute. She has embraced a softer version of the major questions doctrine than some of her colleagues, describing it as a “common sense” tool to help ascertain how much power Congress was handing off.

Because the Constitution vests all legislative powers with Congress, “a reasonable interpreter would expect it to make the big-time policy calls itself, rather than pawning them off to another branch,” she wrote in 2023, when she joined the court in striking down Biden’s bid to slash the student debt of 40 million people.

One can imagine Barrett voting to block Trump’s tariffs as a similarly “big-time policy call” that Congress didn’t authorize. But her opinion didn’t mention taxes or tariffs, and she didn’t say whether foreign-policy or national-security implications would affect her analysis.

John Roberts

Roberts tends to care less about legal doctrine than the Trump appointees and more about the court’s institutional role and practical ramifications.

The chief justice famously cast the deciding vote in 2012 to uphold Barack Obama’s Affordable Care Act, declining to invalidate that president’s signature domestic accomplishment even while disagreeing with him on major legal questions. Roberts now will have to decide whether to vote against Trump’s top economic initiative.

Doing so may entail a cost, given Trump’s penchant for lashing out at the court and individual justices when they don’t agree with him.

“The justices who are going to determine the outcome of this case are going to feel like they need a really pretty strong case on the legal merits before they’re going to decide that they’re going to cross swords with the president,” said Donald Verrilli, an appellate lawyer at Munger, Tolles & Olson and former solicitor general under Barack Obama.

“You can’t help but think that that’s going to be hovering over the decision-making process in this case,” Verrilli added.

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SEC’s Semiannual Reporting Proposal Faces Investor Pushback: What CFOs Need to Know

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U.S. Securities and Exchange Commission (SEC)

A proposal from the U.S. Securities and Exchange Commission to potentially shift some public companies away from quarterly financial reporting toward a semiannual model is drawing significant pushback from investors, even as it continues moving through the regulatory process. The debate has direct implications for corporate finance teams, auditors, and the broader transparency of U.S. capital markets.

What the SEC Proposed

According to a summary published by accounting advisory firm Cohen & Co., the SEC issued a proposed rule on May 19, 2026, aimed at simplifying financial reporting requirements for many U.S. public companies. The proposal would potentially reduce the frequency of certain mandatory disclosures from quarterly to semiannual, a structural change that has not been made to core U.S. reporting requirements in decades.

The proposal follows an extended debate within U.S. policy circles, with proponents arguing that reduced reporting frequency could lower compliance costs and free up management time for longer-term strategic planning rather than quarter-to-quarter results management.

Why Investors Are Pushing Back

Comment letters submitted in response to the proposal have been extensive, and according to Cohen & Co.’s review of the public record, investors “appear to be largely opposed” to the shift, viewing frequent interim reporting as a core benefit of U.S. capital markets relative to other jurisdictions.

Accounting and law firms have taken a more measured position, generally urging any changes to remain aligned with the Financial Accounting Standards Board (FASB), whose existing disclosure requirements and guidance are built around a quarterly reporting cadence. A shift to semiannual reporting without corresponding changes to FASB guidance could create friction between SEC filing requirements and GAAP-based disclosure expectations.

Lessons From the U.K. Experience

The debate is not without precedent. The United Kingdom moved away from mandatory quarterly reporting for listed companies in 2014, returning to a semiannual disclosure requirement. According to Cohen & Co.’s analysis, that experience offers a cautionary data point: there was no measurable increase in capital expenditure or R&D investment following the change, while analyst coverage of affected companies declined as reliable interim information became less available — a particular risk for smaller and newly public companies that rely on analyst coverage to maintain investor visibility.

Practical Implications for Finance Teams

Beyond the debate over disclosure philosophy, the proposal carries practical complications. Many companies have debt covenants and credit agreements structured around quarterly financial delivery; a shift to semiannual reporting could require renegotiating those terms. Reduced reporting frequency would also extend the “window of market silence” between disclosures, a factor that governance and investor-relations teams would need to manage carefully to avoid information asymmetry.

Separately, and unrelated to the reporting-frequency debate, the SEC and FASB have continued finalizing more routine updates this year. New Accounting Standards Updates are taking effect for December 31, 2026, fiscal year-ends covering income tax disclosures, credit loss measurement, induced debt conversions, and stock compensation, according to Eide Bailly’s review of 2026 ASU activity. Additional guidance on paid-in-kind dividends and environmental credits is also on the near-term horizon.

What to Watch Next

The semiannual reporting proposal remains in the comment and review phase, and no final rule has been adopted as of this writing. Finance leaders should monitor the SEC’s regulatory agenda for further movement, while treating the current quarterly reporting requirement as the operative standard until any final rule is issued and an effective date is set.

Given the extent of investor opposition documented in the comment file, a full shift to mandatory semiannual reporting appears more likely to result in either a scaled-back compromise or continued study rather than swift adoption — though the SEC’s ultimate direction remains uncertain.

 

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AI-Driven Automation and Continuous Accounting Frameworks

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The accounting profession is undergoing a fundamental structural transition as enterprise finance departments shift from periodic month-end closes toward automated continuous accounting models. By integrating specialized machine learning algorithms directly into enterprise resource planning (ERP) platforms, chief accounting officers are transforming financial reporting from a retrospective exercise into a real-time operational asset.

The Shift from Periodic Close to Continuous Financial Reporting
Traditional accounting workflows heavily relied on manual data reconciliation, spreadsheet calculations, and multi-week closing cycles at the end of each fiscal period. In contrast, continuous accounting frameworks utilize automated software agents to process, validate, and post transactional data in real time as business activities occur.

Automated bank reconciliation tools cross-reference incoming bank feeds, invoice records, and purchase orders automatically. By resolving transactional variances instantly throughout the month, corporate accounting teams eliminate the traditional workload spikes associated with quarterly and annual closes.

Machine Learning in Audit Trails and Anomaly Detection
Advanced natural language processing (NLP) and machine learning tools are redefining internal audit and financial control environments. Automated systems analyze 100% of general ledger entries, identifying anomalous transactions, duplicate payments, and unauthorized journal entries in real time.

Rather than relying on random statistical sampling, corporate internal auditors can focus their attention on high-risk flags automatically surfaced by algorithmic monitoring platforms. This continuous risk assessment strengthens internal controls over financial reporting (ICFR) and significantly reduces fraud risk.

Evolving Roles for Accounting Professionals
As routine data entry and manual reconciliation tasks become fully automated, the skill set required for accounting professionals is shifting toward data analysis, system design, and strategic business advisory.
– Systems Governance: Accountants are increasingly responsible for monitoring algorithmic accuracy and managing data integration pipelines.
– Business Partnership: Finance professionals leverage real-time financial dashboards to advise operational leaders on margin management and working capital allocation.
– Regulatory Compliance Management: Accounting teams utilize automated platforms to ensure compliance with dynamic tax codes and international accounting standards.

Core Implementation Recommendations
1. Deploy Automated Reconciliation Tools: Integrate continuous transaction processing modules into existing enterprise ERP architectures.
2. Establish Algorithmic Governance Controls: Implement strict internal testing protocols to ensure automated accounting rules comply with GAAP/IFRS standards.
3. Reskill Accounting Teams: Invest in training finance staff on data analytics, workflow automation, and predictive financial modeling.

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Accounting

Global ESG Reporting Standards and Double Materiality Compliance

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Corporate accounting departments face expanding reporting expectations as international sustainability disclosure standards achieve regulatory enforcement across major global jurisdictions. Chief Accounting Officers (CAOs) and corporate controllers are establishing rigorous internal accounting controls to treat Environmental, Social, and Governance (ESG) metrics with the same data precision, auditability, and governance as traditional financial statements.

Regulatory Harmonization Under Global Sustainability Frameworks
The implementation of standardized sustainability reporting frameworks—notably rules established by international sustainability accounting boards—has created unified expectations for public and large private enterprises. Corporations must report standardized metrics covering greenhouse gas emissions (Scope 1, 2, and material Scope 3), energy utilization, workforce demographics, and supply chain governance.

In Europe and other participating international jurisdictions, double materiality principles are mandatory. Under double materiality, organizations must report both how external sustainability risks impact corporate financial performance, and how internal corporate operations affect surrounding environmental and social structures.

Integrating Sustainability Metrics into Core ERP Systems
To provide auditable non-financial data, enterprise organizations are integrating specialized carbon accounting and ESG management platforms directly into core ERP systems. Automated data collectors capture energy utility invoices, logistics fuel consumption metrics, and vendor compliance records in real time.

Establishing automated, traceable data pipelines ensures that non-financial reporting is supported by clear audit trails. This structured approach allows external financial auditors to provide reasonable assurance on sustainability disclosures during annual corporate reporting cycles.

Financial Impacts and Capital Market Disclosure
Accurate ESG reporting directly influences corporate cost of capital and institutional credit ratings. Commercial lenders and institutional asset managers systematically incorporate sustainability metrics into risk pricing models. Companies that demonstrate transparent, verifiable progress in operational energy efficiency and climate risk mitigation benefit from expanded access to green bond markets and lower debt pricing.

Action Steps for Accounting Leadership
1. Implement Double Materiality Frameworks: Conduct comprehensive assessments to identify material financial and operational sustainability metrics.
2. Build Auditable Non-Financial Data Pipelines: Automate ESG data collection within core accounting software to ensure data integrity.
3. Align Sustainability with Annual Financial Filings: Prepare non-financial disclosures concurrently with financial statements to satisfy regulatory audit expectations.

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