By W. Patrick, Staff Reporter
WASHINGTON, D.C. —- In a high-stakes legal maneuver, the Trump administration has petitioned the U.S. Supreme Court to overturn a federal appeals court ruling that invalidated most of the tariffs imposed under the International Emergency Economic Powers Act (IEEPA). The petition, filed by Solicitor General D. John Sauer, argues that the lower court’s decision “casts a pall of uncertainty upon ongoing foreign negotiations that the President has been pursuing through tariffs over the past five months, jeopardizing both already negotiated framework deals and ongoing negotiations”.
The administration is seeking an expedited review, requesting the Court to decide by next week whether to hear the case and to schedule oral arguments for early November. Sauer emphasized the urgency, stating, “The stakes in this case could not be higher”. Treasury Secretary Scott Bessent supported the petition with a declaration warning that delaying a ruling could disrupt economic diplomacy and potentially require the unwinding of up to $1 trillion in collected tariffs.
The petition defends the president’s authority under IEEPA to regulate importation during national emergencies, citing threats such as fentanyl trafficking and trade imbalances. It also challenges the appellate court’s interpretation of the statute, which found that IEEPA does not authorize the imposition of broad tariffs without explicit congressional approval.
Meanwhile, plaintiffs—including small businesses and Democratic-led states—have agreed to the expedited schedule but maintain that the tariffs are unlawful. Jeffrey Schwab, senior counsel at the Liberty Justice Center, stated, “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 Supreme Court’s decision to accept or decline the case will determine whether Trump’s expansive use of emergency powers to shape trade policy stands or is curtailed. Until then, the contested tariffs remain in effect under a stay issued by the Federal Circuit.
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