Trump to Appeal to Supreme Court to Uphold Tariffs Amid Legal Hurdles

WASHINGTON, Sept 3 — US President Donald Trump is preparing to ask the Supreme Court to uphold his sweeping emergency tariffs after suffering two defeats in lower courts, though legal experts say he faces tough questions over the scope of presidential authority.

The move follows a 7-4 ruling by a federal appeals court last week that struck down Trump’s “reciprocal” and fentanyl-related tariffs, finding them unlawful under the International Emergency Economic Powers Act (IEEPA). Trump argues the tariffs are vital to protecting US interests, but the court ruled the 1977 law does not grant unlimited power to impose such duties.

Trump said yesterday his administration would request an expedited ruling “because we need an early decision,” warning of “devastation” if the tariffs were overturned. The duties will remain in effect until at least October 14 while the administration files its appeal.

Treasury Secretary Scott Bessent said officials are confident the Supreme Court will side with the administration but noted alternative legal avenues are being prepared, including Section 232 of the Trade Expansion Act of 1962 and the long-dormant Section 338 of the 1930 Smoot-Hawley Tariff Act.

At the core of the case is whether IEEPA’s broad emergency powers extend to rewriting tariff codes. Legal scholars say Trump’s argument faces an uphill battle under the Supreme Court’s “major questions doctrine,” which requires Congress to clearly authorize executive actions with far-reaching economic or political impact. The doctrine was notably applied against President Joe Biden in 2023, when the Court struck down his student loan forgiveness plan.

John Veroneau, a former Republican deputy US Trade Representative, said: “It’s hard to imagine the Court reading IEEPA so broadly that a president can unilaterally rewrite tariff law at will.”

Still, the administration may benefit from the Supreme Court’s traditional deference to the president in foreign affairs and emergency matters, with its 6-3 conservative majority potentially tilting the balance.

The stakes are high. Since the tariffs were imposed, US Customs and Border Protection has collected nearly US$66 billion. If the courts ultimately rule against Trump, importers could seek refunds, likely leading to lengthy litigation.

A decision from the Supreme Court is expected in early 2026, following what could be a pivotal appeal shaping the administration’s trade policy. — Reuters