Trump Escalates Tariff Fight To Supreme Court, Seeks Expedited Review

President Trump has asked the Supreme Court to maintain his tariffs after a lower court invalidated them.

“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,” wrote Solicitor General D. John Sauer in the DOJ’s Supreme Court petition, which has yet to be publicly docketed but was obtained by The Hill. 

Last week the U.S. Court of Appeals for the Federal Circuit struck down most of Trump’s tariffs in a 7-4 decision – finding that the president can’t use emergency powers to enact levies on various trading partners. 

The admin has asked the SCOTUS to expedite their review - and has asked for an announcement by next Wednesday as to whether the highest court in the land will take up the dispute and schedule oral arguments for the first week in November. 

Several small businesses and Democratic-led states who filed the lawsuit in question say they have no problem with the Supremes taking up the case or the expedited schedule. 

The tariffs will remain in place until the Supreme Court decides. 

Trump slapped various significant tariffs on countries around the world – largely doing so by invoking the International Emergency Economic Powers Act (IEEPA), a 1977 law that authorizes the president to impose necessary economic sanctions during an emergency to combat an “unusual and extraordinary threat,” The Hill notes. 

Citing an emergency over fentanyl, Trump has imposed a series of tariffs on China, Canada and Mexico dating back to February. He later invoked the law for his “Liberation Day” tariffs, citing an emergency over trade deficits to issue levies on goods from dozens of countries. 

Trump’s tariffs face roughly a dozen lawsuits across the country. The battle at the Supreme Court comes in response to two underlying cases filed by a group of small businesses and Democratic state attorneys general. 

“Both federal courts that considered the issue agreed that IEEPA does not give the President unchecked tariff authority,” said Liberty Justice Center senior counsel, Jeffrey Schwab, an attorney on the case. “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 Trump administration, meanwhile, has warned the courts not to second-guess his decision as it will undermine his ability to use tariffs as leverage in negotiating trade deals. 

Tariff Vos Selections Cert Petition by Zerohedge Janitor