President Donald J. Trump has turned to the Supreme Court in a high-stakes bid to salvage one of the most far-reaching tools of his economic agenda: the power to levy tariffs on foreign nations without congressional approval.
Late Wednesday, the Trump administration filed an emergency petition asking the justices to overturn a ruling from the U.S. Court of Appeals for the Federal Circuit. In a 7-4 decision last week, the appellate court declared that many of the tariffs imposed under the International Emergency Economic Powers Act fell outside the president’s authority. Levying taxes on imports, the majority wrote, is a “core Congressional power.”
The ruling, if allowed to stand, would not only unravel much of Trump’s trade strategy but could compel Washington to refund billions already collected from businesses and consumers.
Trump has defended his tariffs as a matter of national security, invoking emergency powers to confront what he called “unusual and extraordinary threats” from unfair trade practices and surging imports. In April, he declared an economic emergency, warning that trade imbalances were hollowing out American manufacturing.
Solicitor General John Sauer, in Wednesday’s filing, warned that the lower court’s decision “has disrupted highly impactful, sensitive, ongoing diplomatic trade negotiations, and cast a pall of legal uncertainty” over U.S. foreign policy.
The challenges to Trump’s tariffs began with small businesses and a coalition of states, who argued that the measures were unlawful and devastating to their survival. “These unlawful tariffs are inflicting serious harm on small businesses,” said Jeffrey Schwab of the Liberty Justice Center, one of the lead attorneys for the challengers.
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Earlier this year, the Court of International Trade in New York also ruled against the administration, though that judgment was paused pending appeal. For now, the Federal Circuit has held off enforcing its ruling to allow the government to seek Supreme Court review.
The tariffs at issue include a 10 percent baseline levy, “reciprocal” duties on more than 90 countries, and targeted measures on imports from Canada, Mexico, and China. Notably, Wednesday’s petition does not affect separate steel and aluminum duties, which rest on a different statutory foundation.
The Supreme Court has not yet indicated whether it will hear the case. If it declines, the lower court ruling will take effect on October 14.