Trump Takes Tariff Fight to Supreme Court After Court Ruling
Former US President Donald Trump has turned to the Supreme Court in a bid to rescue one of the cornerstones of his trade agenda — tariffs. The move follows a ruling by a lower court that declared many of the duties he imposed unlawful.
Trump’s legal team submitted a petition on Wednesday night, urging the justices to quickly review the case and restore presidential authority to levy tariffs on imports.
Lower Court Ruling Against Tariffs
Just last week, the US Court of Appeals for the Federal Circuit ruled 7–4 that Trump’s sweeping tariffs went beyond his legal powers. The court determined that imposing tariffs is a responsibility that lies primarily with Congress, not the president.
The decision was a major blow to Trump’s economic strategy, which had relied heavily on tariffs to pressure trading partners and protect US industries.
Billions of Dollars on the Line
If the ruling stands, the US government may be forced to refund billions collected under Trump’s tariff program. The former president had justified the duties under the International Emergency Economic Powers Act (IEEPA), arguing that trade imbalances posed a threat to national security and US manufacturing.
Back in April, he even declared a national economic emergency to push the policy forward.
Although the appellate court rejected this justification, it paused its ruling to allow time for an appeal to the Supreme Court.
Trump Administration Defends Move
Solicitor General John Sauer stressed the importance of the case in the administration’s appeal, saying the lower court’s decision risked undermining sensitive trade negotiations and weakening the president’s ability to act during crises.
“The stakes in this case could not be higher,” Sauer wrote, adding that the ruling had cast uncertainty over America’s economic and foreign policy efforts.
Small Businesses Oppose the Tariffs
Small businesses challenging the tariffs expressed confidence that the Supreme Court would uphold the ruling.
“These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival,” said Jeffrey Schwab of the Liberty Justice Center. “We hope for a prompt resolution for our clients.”
If the Supreme Court refuses to take up the case, the lower court’s ruling will take effect on October 14.
Which Tariffs Are Affected?
The court’s decision impacts several key parts of Trump’s tariff program, including:
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A baseline 10% tariff on imports from more than 90 countries.
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“Reciprocal” tariffs designed to counter trade imbalances.
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Additional levies on Canada, Mexico, and China, justified by Trump as a way to curb drug imports.
However, duties on steel and aluminum, which were imposed under separate presidential authority, remain unaffected.
Broader Implications
The outcome of the case could redefine how much power presidents have over trade policy. If the Supreme Court rules in Trump’s favor, it would expand the scope of executive authority on tariffs. If not, it could mark a significant setback for his trade vision and cement Congress’s role as the ultimate arbiter of US tariff policy.