Trump asks Supreme Court to save his tariffs – and do so quickly
WASHINGTON – President Donald Trump asked the Supreme Court to save the sweeping tariffs that are the centerpiece of his economic agenda.
Lower courts have ruled he doesn’t have the authority to impose the tariffs, so in an appeal filed Sept. 3, Trump asked the justices to expedite its usual appeals process so the issue can be quickly resolved.
The Justice Department wants the justices to decide by Sept. 10 whether they will take the case and to hear arguments in November.
"The stakes in this case could not be higher," Solicitor General D. John Sauer wrote.
A Supreme Court appeal typically takes months to be heard – and often months more to be decided. But the justices can move more quickly when they want to.
For example, the court in January upheld a law aimed at banning TikTok just weeks after the social media giant appealed a lower court’s ruling.
The U.S. Court of Appeals for the Federal Circuit ruled Aug. 29 that Trump overstepped when he invoked a 1977 law to impose tariffs on imports from most of the world's countries.
But the court allowed the tariffs to remain in effect through Oct. 14, giving the Trump administration an opportunity to appeal the decision to the Supreme Court , where conservatives have a 6-3 majority.
Trump has claimed that refunding the higher taxes he’s put on imports could lead to another Great Depression. His administration is relying on the tariffs to bring in billions of dollars in new revenue and to boost domestic manufacturing.
"If you took away tariffs, we could end up being a 'Third World' country" Trump said Sept. 2.
Still, small businesses and states challenging the tariffs say they have hurt U.S. companies that rely on imports, raised prices for consumers and sparked uncertainty for Americans.
Trump is trying to use the International Emergency Economic Powers Act, a law historically used for imposing economic sanctions and other penalties on foreign enemies.
While the law doesn’t mention tariffs, the administration has pointed to the president’s power under the law to “regulate” imports in a crisis. Trump says the nation’s persistent trade deficit and the flow of fentanyl into the United States qualifies as such an emergency.
In a 7-4 decision , the appeals court said it seemed unlikely that Congress intended to give presidents unlimited authority to impose tariffs.
"The statute bestows significant authority on the President to undertake a number of actions in response to a declared national emergency, but none of these actions explicitly include the power to impose tariffs, duties, or the like, or the power to tax," the court said.
The court's decision does not impact tariffs issued under other legal authority, such as Trump's tariffs on steel and aluminum imports.
A different federal appeals court is reviewing another federal judge’s ruling that the tariffs exceeded the president’s powers in a separate challenge brought by two Illinois toy importers.
The Supreme Court in June declined the toy companies’ request to take up the issue before a lower appeals court ruled on the case.
And the administration argues the toy companies brought their challenge in the wrong court so it should not be considered at all.
Contributing: Reuters
This article originally appeared on USA TODAY: Trump asks Supreme Court to save his tariffs
