The Trump administration escalated its legal battle over sweeping import tariffs on Wednesday, urging the U.S. Supreme Court to swiftly overturn a federal appeals court ruling that deemed most of President Donald Trump’s tariffs illegal. In a petition filed electronically late Wednesday and shared with The Associated Press, Solicitor General D. John Sauer requested the court hear arguments in early November to restore Trump’s authority to impose tariffs under the 1977 International Emergency Economic Powers Act (IEEPA).
The U.S. Court of Appeals for the Federal Circuit, in a 7-4 decision, ruled that Trump overstepped his authority by using IEEPA to impose tariffs, arguing that the Constitution grants Congress the power to set taxes, including tariffs. The ruling, which affects tariffs announced in April and February targeting Canada, China, Mexico, and others, cited national emergencies like trade deficits and drug trafficking. While the tariffs remain in place until October 14, the decision has rattled global markets, strained U.S. trade relations, and raised fears of economic fallout, with tariff revenue hitting $159 billion by August, more than double last year’s figure.
Sauer warned that the ruling “casts a pall of uncertainty” over ongoing trade negotiations, threatening deals with the European Union, Japan, and others. “The stakes in this case could not be higher,” he wrote. Conversely, Jeffrey Schwab of the Liberty Justice Centre, representing small businesses, highlighted the tariffs’ “serious harm” to their survival, celebrating their court victories at the U.S. Court of International Trade and the Federal Circuit.
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The case, now poised for Supreme Court review, tests a court reshaped by Trump’s appointees. While some tariffs, like those on steel and aluminum, remain unaffected, others face stricter limits under alternative laws. The administration argues that striking down the tariffs could force refunds, straining the U.S. Treasury. As businesses brace for uncertainty, the outcome will shape Trump’s trade legacy and U.S. economic policy.
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