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Ann E. Marimow


NextImg:Trump Asks Supreme Court to Allow His Sweeping Tariffs

The Trump administration on Wednesday asked the Supreme Court to move swiftly to allow the president to continue imposing sprawling tariffs on nations around the world, setting up a major test of his trade policies and his expansion of executive power.

A federal appeals court late last month invalidated President Trump’s most punishing global tariffs, finding that he had exceeded his authority by invoking a 1970s-era emergency power to tax imports from major trading partners. The appeals court paused its ruling, allowing the tariffs to remain in effect at least until Oct. 14 so Mr. Trump could file with the Supreme Court.

Solicitor General D. John Sauer asked the justices to decide by Sept. 10 whether to review the case and to schedule oral argument for the first week of November — just one month after the court’s new term begins. If the justices accept the case, it would be the first to reach the court in Mr. Trump’s second term that directly tests the legality of one of the administration’s signature initiatives rather than addressing the president’s actions on a temporary emergency basis.

Since taking office, Mr. Trump has relied on the International Emergency Economic Powers Act of 1977 as a central part of his efforts to force companies to invest in the United States.

Without the emergency powers, the president and his advisers have warned of major damage to the nation’s economy, military power and diplomatic relations, particularly if the government were forced to pay back some of the billions of dollars it has already collected in tariffs.

The lower court’s “erroneous decision has disrupted highly impactful, sensitive, ongoing diplomatic trade negotiations, and cast a pall of legal uncertainty over the president’s efforts to protect our country by preventing an unprecedented economic and foreign-policy crisis,” the solicitor general told the justices in his request for highly expedited review. The petition had not yet been publicly docketed on the court’s website late Wednesday, but its filing was confirmed by both sides in the litigation.


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