The Trump administration asked the Supreme Court on Wednesday to quickly rule on whether President Donald Trump has the authority to impose broad tariffs under federal emergency law.
The request follows a 7-4 decision by a federal appeals court that found most of Trump’s tariffs unlawful under the 1977 International Emergency Economic Powers Act, while still allowing the duties to remain in place until the case is resolved.
Business Pushback
Several states and small businesses filed lawsuits, claiming the tariffs caused serious financial damage.
“These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival,” said Jeffrey Schwab, attorney with the Liberty Justice Center.
Administration’s Defense
The Trump administration argued that removing the tariffs now would undermine U.S. economic leverage.
“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 appeal stated. “The stakes in this case could not be higher.”
Officials also noted the tariffs generated $159 billion since late August, more than double the previous year’s total.
Constitutional Debate
While the Constitution gives Congress the power to set tariffs, lawmakers have long delegated some of that authority to the White House. Trump used that authority extensively, and some of his duties on steel, aluminum, autos, and earlier tariffs on China were later left in place by President Joe Biden.
Legal experts warn that if the courts strike down these tariffs, the U.S. Treasury may have to refund billions already collected.
Next Step
The Supreme Court is expected to announce soon whether it will take the case directly, setting up a significant decision on presidential powers over trade.
