- Trump asks the Supreme Court to reinstate tariffs struck down by lower courts.
- The administration cites urgent national security and foreign policy concerns.
- Small businesses and Democratic-led states argue the tariffs are unlawful
President Donald Trump’s controversial tariff policies are heading to the nation’s highest court, as the Justice Department on Wednesday urged the Supreme Court to reinstate duties recently struck down by a federal appeals court.
The request follows a 7-4 ruling by the U.S. Court of Appeals for the Federal Circuit, which invalidated much of Trump’s tariff program, declaring that emergency powers cannot be used to justify sweeping levies on dozens of global trading partners.
In a strongly worded petition, Solicitor General D. John Sauer warned the justices of the ruling’s broader implications: “The Federal Circuit’s decision casts doubt upon the President’s most significant economic and foreign-affairs policy—a policy that implicates sensitive, ongoing foreign negotiations and urgent national-security concerns.”
Although not yet publicly docketed, the petition, shared by the plaintiffs asks the Supreme Court to act quickly. Sauer requested that the justices announce by next Wednesday whether they will hear the case, with oral arguments set for early November.
Notably, both the small businesses and Democratic-led states challenging the tariffs did not oppose the expedited review, according to court filings. Until a final decision is reached, Trump’s tariffs will remain in effect.
Since returning to the White House, Trump has unveiled a series of significant global tariffs, framing them as essential tools for U.S. economic security.
His administration has relied heavily on the International Emergency Economic Powers Act (IEEPA), a 1977 law permitting economic sanctions in the face of an “unusual and extraordinary threat.”
Trump is the first president to use IEEPA as a justification for tariffs. He initially cited the fentanyl crisis to impose new duties on China, Canada, and Mexico earlier this year. Later, under his so-called “Liberation Day” tariffs, he invoked an emergency over trade deficits to extend tariffs to dozens of nations.
The tariffs have triggered a wave of lawsuits across the country. The current Supreme Court battle stems from two cases brought by small businesses and a coalition of Democratic attorneys general.
Jeffrey Schwab, senior counsel at the Liberty Justice Center, one of the legal teams representing the businesses, said in a statement: “Both federal courts that considered the issue agreed that IEEPA does not give the President unchecked tariff authority.”
He added: “We are confident that our legal arguments against the so-called ‘Liberation Day’ tariffs will ultimately prevail. These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival. We hope for a prompt resolution of this case for our clients.”
The administration, however, argues that striking down the tariffs undermines the president’s leverage in global trade negotiations and erodes his ability to respond to national security threats.
The Federal Circuit’s ruling echoed an earlier May decision by the U.S. Court of International Trade that also invalidated the tariffs. Meanwhile, the administration has filed a separate appeal at the Supreme Court in another tariff-related lawsuit, though justices declined to expedite that case. It is scheduled for review at the Court’s closed-door conference on September 29.
The outcome of these cases will not only determine the fate of Trump’s tariff strategy but could also reshape how future presidents wield emergency economic powers in trade policy.
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