Trump Escalates Tariff Fight to Supreme Court

By Staff, Agencies

US President Donald Trump’s administration has asked the US Supreme Court to intervene in defense of his expansive tariff regime, appealing a lower court ruling that struck down key elements of the policy. 

The request, filed Wednesday, seeks an expedited hearing to preserve measures imposed under a 1977 emergency law that has become central to the Republican president’s economic strategy.

The Justice Department is contesting an August 29 federal appeals court ruling that Trump exceeded his authority under the International Emergency Economic Powers Act [IEEPA], dealing a significant setback to a key priority of his second term.

Administration lawyers urged the justices to fast-track the case, seeking a decision by September 10 on whether to hear it, with arguments scheduled for November. The court’s new term begins October 6.

Solicitor General D. John Sauer stressed the case’s high stakes, arguing that Trump’s tariff authority is vital for US security and prosperity, warning that losing it could lead to trade retaliation and economic disaster.

Lawyers for small businesses opposing the tariffs won’t oppose a Supreme Court hearing. Jeffrey Schwab of the Liberty Justice Center expressed confidence in winning, saying the tariffs harm small businesses and threaten their survival.

The tariffs, restarted by Trump upon taking office, have unsettled global markets, strained US partnerships, and increased economic uncertainty. They remain key to his foreign policy for renegotiating trade deals and pressuring exporters to the US.

The court dispute focuses on Trump’s use of IEEPA to impose “reciprocal” tariffs and extra duties on China, Canada, and Mexico, which he said aimed to reduce fentanyl and other illicit drug imports.

IEEPA has traditionally been used for sanctions or asset freezes during emergencies and never before for tariffs. Justice Department lawyers argue its provisions allow the president to regulate or block imports.

The appeals court ruling stemmed from two lawsuits—one by five small importers and another by 12 mostly Democratic-led states—arguing that only Congress, not the president, has constitutional authority over tariffs and taxation.

In a 7–4 decision, the Federal Circuit Court rejected Trump’s broad IEEPA use, ruling Congress likely didn’t intend to grant unlimited tariff authority. The court also cited the Supreme Court’s “major questions” doctrine requiring clear congressional approval for significant executive actions.

Treasury Secretary Scott Bessent urged the justices to act swiftly, warning the lower court’s ruling weakens Trump’s ability to conduct diplomacy and safeguard US national security and the economy.

The case is part of wider litigation against Trump’s trade policies, with recent courts ruling against his tariffs and IEEPA use. At least eight challenges, including one from California, are ongoing.