The Trump administration has requested the Supreme Court to expedite a ruling regarding the president's authority to impose tariffs. This appeal comes after an appeals court determined that many of President Donald Trump's tariffs were an illegal use of emergency powers. The administration is urging the justices to overturn this ruling, which it claims undermines the president's trade policy.
On Wednesday, the government filed a petition with the Supreme Court, asking for a swift decision. Solicitor General D. John Sauer emphasized the urgency, stating, "That decision casts a pall of uncertainty upon ongoing foreign negotiations that the President has been pursuing through tariffs over the past five months, jeopardizing both already negotiated framework deals and ongoing negotiations. The stakes in this case could not be higher."
The U.S. Court of Appeals for the Federal Circuit has temporarily allowed the tariffs to remain in place. However, the administration is seeking a quick intervention from the Supreme Court, with hopes of having arguments heard in early November.
The tariffs have been a contentious issue, particularly for small businesses affected by the uncertainty surrounding them. Jeffrey Schwab, senior counsel at the Liberty Justice Center, stated, "These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival. We hope for a prompt resolution of this case for our clients."
Businesses have previously won challenges against the tariffs in federal court, including a recent 7-4 ruling from the appeals court. Their lawsuit is part of a broader effort to contest the tariffs, which have caused disruptions in global markets and raised concerns about rising prices and economic slowdown.
Despite the legal challenges, Trump has utilized these tariffs as leverage in negotiations with countries like the European Union and Japan. By late August, revenue from tariffs had reached $159 billion, more than double the amount collected at the same time the previous year.
The appeals court found that the 1977 International Emergency Economic Powers Act did not grant Trump the authority to impose tariffs without congressional approval. However, dissenting judges argued that the law permits the president to regulate imports during emergencies without explicit limitations.
The tariffs in question include those announced in April and additional ones imposed on imports from Canada, China, and Mexico. While the Constitution grants Congress the power to impose taxes, presidents have increasingly exercised this authority over the years. Some tariffs, such as those on foreign steel and aluminum, were not included in the appeals court's ruling.
If the Supreme Court rules against the administration, it could lead to significant financial implications, including potential refunds of collected tariffs, which would impact the U.S. Treasury.