The Trump administration asked the Supreme Court Wednesday to quickly make a decision on whether President Donald Trump has the authority to impose his sweeping tariffs under federal emergency law.
This appeal is a result of a federal appeals court ruling 7-4 that a vast majority of Trump’s tariffs were illegal according to the 1977 International Emergency Economic Powers Act even though it allowed the duties to remain until the case was resolved.
Many states and small businesses challenged Trump’s tariffs in a lawsuit saying they were causing serious economic harm.
‘These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival,’ said Jeffrey Schwab, an attorney with the Liberty Justice Center.
The Trump administration, however, countered the appeal, arguing that striking down the tariffs could cause serious economic harm.
‘That 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 Trump administration argued in its appeal. ‘The stakes in this case could not be higher.’
Officials also pointed out that the levies have raised $159 billion since late August, a figure that has more than doubled from the previous year.
Although the Constitution does give Congress the power to set tariffs throughout the years many lawmakers have delegated those authorities to the White House. Although Trump has been seen to use this to his advantage, some of his duties on steel, aluminum, autos, and earlier tariffs on China were left in place by former President Joe Biden and are not part of this case.
Legal experts have noted that the government has also warned that if the courts strike down these tariffs, the U.S. Treasury could be forced to refund billions that have already been collected.
The Supreme Court is expected to decide soon on whether they will take up the case directly, which will potentially set up a major ruling on the limits of presidential power over trade.