President Donald Trump has asked the US Supreme Court to overturn a lower court ruling that struck down much of his tariff policy as unlawful.
In a petition filed Wednesday night, the administration urged the justices to affirm that the president has authority to impose import taxes under emergency powers.
Last week, the US Court of Appeals for the Federal Circuit ruled 7-4 that tariffs imposed under the International Emergency Economic Powers Act (IEEPA) exceeded presidential authority, noting that setting levies is “a core Congressional power.”
The decision threatens to unravel Trump’s trade agenda and could force the US to refund billions in tariffs collected since April, when he declared an economic emergency tied to trade imbalances and national security.
Solicitor General John Sauer warned in the appeal that the lower court’s “erroneous decision” undermines sensitive trade negotiations and hampers the president’s ability to respond to crises.
Small businesses challenging the tariffs welcomed the ruling. “These unlawful tariffs are inflicting serious harm and jeopardising survival,” said Jeffrey Schwab of the Liberty Justice Center.
If the Supreme Court declines to hear the case, the appellate ruling will take effect on October 14, invalidating tariffs on Canada, Mexico, China, and more than 90 other countries. Levies on steel and aluminium remain unaffected, as they were enacted under separate authority.
