Donald Trump’s administration has asked the US Supreme Court to review a major case on tariffs, after a lower court struck down most of the levies central to his trade agenda.
The Justice Department filed the appeal on Wednesday following an August 29 decision by a federal appeals court. Judges ruled that Trump had exceeded his authority by using the International Emergency Economic Powers Act (IEEPA) to impose tariffs. The law, created in 1977, was originally intended for emergency sanctions, not trade duties.
For now, the tariffs remain in place because the appeals court paused its order, allowing the administration time to seek Supreme Court intervention. The Justice Department has urged the high court to decide by September 10 if it will hear the case. It also proposed an accelerated schedule with oral arguments in early November.
Lawyers for small businesses challenging the tariffs said they do not oppose Supreme Court review, expressing confidence they would win. The case includes challenges from importers and several Democratic-led states.
The levies are part of a trade war launched by Trump after his return to the presidency in January. His administration has argued that tariffs are a necessary tool to protect US industries, curb drug trafficking, and reduce trade deficits. Trump has repeatedly called them “reciprocal tariffs,” claiming they level the playing field with countries exporting to the US.
Critics, however, argue that only Congress has the constitutional authority to impose tariffs. The appeals court agreed, stating that IEEPA does not give the president unlimited power to regulate imports through duties.
The case now sets up a potential Supreme Court showdown that could define the limits of Trump’s economic powers. With tariffs still active and markets on edge, the outcome may have far-reaching effects on US trade and foreign policy.
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