Trump appeals to US Supreme Court to defend emergency tariffs
The Trump administration asks the Supreme Court to reverse a lower court ruling that declared his emergency tariffs unlawful.
President Donald Trump has petitioned the US Supreme Court to overturn a federal appeals court decision that struck down key emergency tariffs as beyond his authority.
In a filing late Wednesday, the administration urged speedy intervention, arguing the president has the constitutional power to levy import taxes to address national emergencies.
A divided US Court of Appeals for the Federal Circuit ruled 7-4 last week that Trump’s tariffs, imposed under the International Emergency Economic Powers Act (IEEPA), usurped Congress’s power to set tariffs.
The decision, if left standing, could upend Trump’s economic and foreign policy agenda and force the US to refund billions in duties.
Background
Trump invoked the IEEPA in April, declaring an economic emergency and applying a 10% baseline tariff and additional “reciprocal” levies on goods from over 90 countries to correct trade imbalances and bolster national security.
The appellate court stayed its ruling pending appeal, but a separate decision by the New York-based US Court of International Trade also suspended its order finding the tariffs unlawful.
Implications
- The tariffs target countries including Canada, Mexico and China, critical for halting drug imports, though duties on steel and aluminum remain unaffected, as they derive from different authorities.
- A final denial by the Supreme Court would let the lower-court judgment take effect on October 14, potentially triggering refunds and diplomatic fallout.
In Wednesday’s brief, Solicitor General John Sauer warned that the lower court’s “erroneous decision has disrupted highly sensitive diplomatic negotiations and created legal uncertainty over the President’s ability to protect national interests.”
Trump asserts that only the presidency can swiftly respond to “unusual and extraordinary” economic threats, a power he says Congress cannot preempt.
This topic was reported by BBC News
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