Justice Department Seeks Supreme Court’s Support for Trump’s Tariffs
On Wednesday, the Justice Department urged the Supreme Court to reinstate President Trump’s tariffs, which were recently struck down by a lower court.
Last week, most of Trump’s tariffs were invalidated by the U.S. Court of Appeals for the Federal Circuit in a 7-4 ruling. The court determined that the president lacked the authority to impose these taxes on numerous trading partners using emergency powers.
One official noted, “The Federal Circuit’s ruling raises concerns about the President’s essential economic and foreign policy strategies, especially amid ongoing foreign negotiations and pressing national security issues.”
The petition regarding this matter has yet to be made public.
Legal representatives have requested that the court expedite its review so that a decision on whether to hear the case can be made next Wednesday. They are aiming to set oral arguments for the first week of November.
Small businesses and Democratic-led states challenging the administration seem open to timely court schedules, according to legal documents. Meanwhile, Trump’s tariffs will stay in effect until the Supreme Court reaches a conclusion.
Since taking office, Trump has implemented significant tariffs against various international trading partners.
This approach primarily involves invoking the International Emergency Economic Powers Act (IEEPA), a law from 1977 allowing the president to impose economic sanctions during crises against “extraordinary threats.” Trump is the first president to attempt to utilize this law for tariffs.
Referencing an emergency concerning fentanyl, Trump initiated tariffs on China, Canada, and Mexico starting in February. He also referenced the law for his “day of liberation” tariffs, which were framed around the trade deficit issue affecting numerous countries.
Trump’s tariffs are currently facing about a dozen lawsuits across the nation. The conflict reaching the Supreme Court stemmed from significant cases initiated by small businesses and a Democratic state attorney general.
“Both federal courts handling this matter have concluded that IEEPA does not grant the president unfettered authority over customs,” stated Jeffrey Schwab, a senior advisor to the Liberty Justice Center, which represents the businesses involved.
“We are confident our arguments regarding the so-called ‘liberation date’ tariffs will prevail,” Schwab added. “These unlawful tariffs are severely impacting small businesses and jeopardizing their sustainability. We hope for a swift resolution.”
The administration has countered by criticizing the courts for questioning the president’s emergency declarations and warned that this could hinder his use of tariffs as negotiating tools in trade agreements.
Last week, the Federal Circuit affirmed a prior decision from the International Trade Court.
This appeal to the Supreme Court represents an additional legal challenge to Trump’s tariffs, prompted by yet another group of businesses. The administration continues to resist judicial intervention in the matter, although courts have already declined requests to expedite consideration. The issue will instead be addressed during a closed-door meeting on September 29, according to court records.
