President Donald Trump’s administration is urging the United States Supreme Court to step in and overturn a ruling against his tariff agenda.
The Trump administration is asking the SCOTUS to step in after a federal appeals court struck down most of the president’s global tariffs.
The appeals court ruled that Trump “overstepped his authority” under federal law.
In a 7–4 decision last week, the U.S. Court of Appeals for the Federal Circuit ruled that Trump could not use the International Emergency Economic Powers Act (IEEPA) to impose reciprocal tariffs on imports from U.S. trade partners.
The administration used the authority in April to levy tariffs as part of a broader strategy to pressure foreign governments on trade and drug trafficking.
On Wednesday night, the Justice Department filed an emergency appeal asking the Supreme Court to take up the case, calling it “one of the most important” issues to come before the court this year.
“This Court should grant certiorari, expedite consideration of the merits, and reverse,” the administration wrote in its petition.
Treasury Secretary Scott Bessent warned in the appeal that letting the ruling stand would be a blow to both U.S. diplomacy and security.
He said it would cause “dangerous diplomatic embarrassment,” risk retaliation from trade partners, and “interrupt ongoing negotiations midstream, undermining our ability to protect the national security and economic welfare of the American people.”
The administration argued that tariffs have become a vital tool of leverage, not just in trade disputes but also in combating the mass importation of fentanyl and other illegal drugs, which Trump has repeatedly linked to the country’s ongoing public health and security crisis.
The Federal Circuit ruled that Trump overreached by using the IEEPA, saying Congress never gave the president tariff authority under the statute.
“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 wrote in its August 29 ruling.
“Whenever Congress intends to delegate to the President the authority to impose tariffs, it does so explicitly.”
The administration countered in its appeal that the Supreme Court has consistently upheld broad presidential authority in trade, including tariffs, and that regulating importation logically includes the ability to impose duties.
Meeting with Polish President Karol Nawrocki at the White House on Wednesday, Trump said he was confident the administration would prevail.
“Tariffs are vital to our country,” Trump told reporters.
“Just so you know, other countries use them on us, but I just use them a lot better.
“Tariffs are seeing trillions of dollars coming into our country.
“We think we’re going to have a big victory.”
The challenge to Trump’s tariffs was brought by small businesses represented by the Liberty Justice Center, which claimed the duties were illegal and financially devastating.
“These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival,” said Jeffrey Schwab, senior counsel at the organization.
“We hope for a prompt resolution of this case for our clients.”
The administration also asked the Supreme Court to fast-track the case, underscoring how central tariffs have become to Trump’s trade and national security strategy.
If the court grants the request, the case could set a precedent for the extent of presidential authority in using tariffs as an emergency tool.
For Trump, it’s about sovereignty.
“Other countries hit us all the time,” he said.
“But now we’re fighting back — and winning.”
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