Donald Trump has appealed to the US Supreme Court to defend his tariff program. He wants the justices to overturn a ruling that found his broad trade duties illegal.
Dispute over executive power
The administration filed its petition on Wednesday night. It urges 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 stated that the power to set import duties rests solely with Congress.
Billions in potential refunds
The case could undermine Trump’s trade and foreign policy agenda. It may also require the government to return billions collected from tariffs. Trump justified his actions under the International Emergency Economic Powers Act. The law allows presidential measures against “unusual and extraordinary” threats. In April, he declared an economic emergency, claiming trade imbalances harmed US industry and threatened national security.
Enforcement postponed
Although the appeals court ruled against Trump, it delayed enforcement to allow 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 critical trade negotiations and created legal uncertainty. He warned it weakened the president’s ability to prevent an economic and foreign policy crisis.
Small businesses fight back
The lawsuits were filed by small companies that 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 review, the ruling takes effect on October 14.
Previous legal setbacks
In May, the Court of International Trade in New York also ruled the tariffs unlawful. That judgment was paused during appeals. The lawsuits were filed by small firms and a coalition of states. In April, Trump signed executive orders introducing a 10 percent baseline tariff and “reciprocal” tariffs on more than 90 countries.
Global impact
The appeals court also struck down tariffs on Canada, Mexico, and China. Trump argued they were necessary to combat drug imports. Other duties, such as those on steel and aluminum, remain in force. They rely on a separate presidential authority.
