Donald Trump has turned to the US Supreme Court to protect his tariff program. He wants the justices to overturn a ruling that struck down his sweeping trade duties as illegal.
Battle over presidential authority
The administration filed its petition on Wednesday night. It asks the court to quickly decide whether a president can impose tariffs without Congress. Last week, the Federal Circuit Court of Appeals ruled 7-4 against Trump. Judges said the power to set import duties belongs solely to Congress.
Billions at risk
The case could derail Trump’s trade and foreign policy plans. It may also force the US to return billions in tariff revenue. Trump justified his actions under the International Emergency Economic Powers Act. The law permits presidential measures against “unusual and extraordinary” threats. In April, he declared an economic emergency, claiming trade imbalances harmed US manufacturing and threatened national security.
Appeal delays enforcement
Although the appeals court ruled against Trump, it suspended enforcement to allow for an appeal. “The stakes in this case could not be higher,” Solicitor General John Sauer wrote in Wednesday’s filing. He said the ruling disrupted key trade negotiations and created legal uncertainty. He warned it weakened the president’s ability to prevent an economic and foreign policy crisis.
Small businesses challenge the tariffs
Small companies that filed the lawsuits say the tariffs threaten their survival. Their lawyers remain confident. “These unlawful duties are harming small businesses,” said Jeffrey Schwab of the Liberty Justice Center. “We hope for a swift resolution for our clients.” If the Supreme Court rejects the case, the ruling takes effect on October 14.
Earlier court setbacks
In May, the Court of International Trade in New York also ruled the tariffs unlawful. That decision was paused during appeals. The lawsuits were brought by small businesses and a coalition of states. In April, Trump signed executive orders creating a 10 percent baseline tariff and “reciprocal” tariffs on more than 90 countries.
Global consequences
The appeals court also invalidated tariffs on Canada, Mexico, and China. Trump argued they were necessary to curb drug imports. Other duties, such as those on steel and aluminum, remain in effect. They rely on a separate presidential authority.