The Trump administration is seeking quick action from the Supreme Court to uphold President Trump's wide-reaching tariffs on foreign imports, following a significant legal setback, the New York Times reports. Last month, a federal appeals court invalidated the administration's most aggressive tariffs, ruling that Trump had overstepped his authority by using a decades-old emergency power to justify the measures. The ruling was paused to let the administration appeal, so the tariffs remain in effect for now.
Solicitor General D. John Sauer asked the justices to decide by September 10 whether to review the case and, if they do, to hear arguments in early November. Trump's approach relies on the International Emergency Economic Powers Act of 1977, which previous presidents have invoked mainly to levy sanctions; it gives the president powers regarding the regulation of imports during a national emergency, NBC News reports. Trump, however, applied it to impose tariffs of 10% to 50% on hundreds of products from dozens of countries—moves he says are essential to protecting US industry and addressing issues like trade deficits and fentanyl trafficking.
The case began when small businesses and states sued, arguing the tariffs were unlawful and damaging to local economies. The appeals court sided with them, emphasizing that Congress—not the president—controls tariff and tax powers, and that the 1977 law does not explicitly include tariffs. Four dissenting judges argued the law gives presidents broad authority in emergencies.