United States President, Donald Trump, has asked the Supreme Court to overturn a ruling that deemed many of his wide-ranging tariffs unlawful.
In a petition filed late Wednesday, Trump’s legal team urged the justices to swiftly rule that the president has the authority to impose import taxes on foreign nations.
Last week, the US Court of Appeals for the Federal Circuit, in a narrow 7-4 decision, found that Trump’s reliance on emergency powers to impose the tariffs overstepped presidential authority. The court stressed that setting tariffs was “a core Congressional power.”
The ruling, if upheld, could undermine Trump’s economic and trade policies and force Washington to reimburse billions of dollars collected in tariffs.
Trump had invoked the International Emergency Economic Powers Act, which allows presidents to act in response to “unusual and extraordinary” threats.
In April, he declared an economic emergency, citing trade imbalances that he said endangered domestic industry and national security.
Although the appeals court ruled against him, it delayed the enforcement of its decision, giving the administration time to seek a Supreme Court review.
“The stakes in this case could not be higher,” Solicitor General John Sauer wrote in the filing. He added that 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.”
Opponents of the tariffs, including small businesses and state coalitions, remain confident the Supreme Court will not side with Trump.
“These unlawful tariffs are inflicting serious harm on small businesses and jeopardising their survival,” said Jeffrey Schwab of Liberty Justice Center. “We hope for a prompt resolution of this case for our clients.”
Unless the Supreme Court agrees to hear the matter, the ruling will take effect on October 14.
Earlier in May, the Court of International Trade in New York had also ruled the tariffs unlawful, though that decision was paused while appeals were pending.
Trump’s executive orders, signed in April, introduced a baseline 10% tariff and so-called “reciprocal” tariffs targeting more than 90 countries in an effort to narrow trade deficits.
The appellate ruling also struck down tariffs on Canada, Mexico, and China, which Trump claimed were needed to stop drug imports.
However, the decision leaves intact other duties, such as those on steel and aluminium, which were enacted under different presidential powers.
