


The Trump administration urged the Supreme Court on Wednesday to quickly review a lower court ruling that invalidated the president’s tariffs.
President Donald Trump wants the Supreme Court to begin hearing arguments in the case as soon as November, a major request for the justices who typically wait until as late as next summer to make a decision, CNBC reported. The Trump administration argues that the 7-4 U.S. Court of Appeals ruling “gravely undermines the President’s ability to conduct real-world diplomacy and his ability to protect the national security and economy of the United States.”
“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 administration added in its filing. “Few cases have so clearly called out for this Court’s swift resolution.”
Last week, the U.S. Court of Appeals for the Federal Circuit ruled that Trump overstepped his authority under the International Emergency Economic Powers Act (IEEPA) to levy tariffs.
“Absent a valid delegation by Congress, the President has no authority to impose taxes. Given these considerations, we conclude Congress, in enacting IEEPA, did not give the President wide-ranging authority to impose tariffs of the nature of the Trafficking and Reciprocal Tariffs simply by the use of the term ‘regulate … importation,’” the ruling stated.
“The core Congressional power to impose taxes such as tariffs is vested exclusively in the legislative branch by the Constitution,” the court added.
The IEEPA, enacted in 1977, allows the president to impose tariffs on any import to the United States after declaring a national emergency. On April 2, Trump “declared that foreign trade and economic practices have created a national emergency,” adding that he would impose “responsive tariffs to strengthen the international economic position of the United States and protect American workers.”
The appeals court delayed implementation of its order until October 14, giving the Trump administration time to appeal to the Supreme Court. If the ruling goes into effect, Trump’s sweeping “Liberation Day” tariffs that hit numerous countries around the world would be rescinded, dealing a significant blow to one of the president’s top priorities during his second term.
Attorney Jeffrey Schwab, whose libertarian-leaning firm Liberty Justice Center represented the plaintiffs in the case, said he is “confident” that the legal arguments against Trump’s tariffs “will prevail.”
“Both federal courts that considered the issue agreed that IEEPA does not give the President unchecked tariff authority,” Schwab said. A federal trade court also ruled in May that Trump did not have the authority to impose his “Liberation Day” tariffs.
Trump ripped the “Highly Partisan Appeals Court” following the decision last week, arguing that “it would be a total disaster for the Country” if his tariffs were rescinded.
“If allowed to stand, this Decision would literally destroy the United States of America,” he added.