Former President Donald Trump has an important interest in having the U.S. Supreme Court review the legality of the retaliatory tariffs he imposed on steel and aluminum. He imposed these tariffs under a different presidential authority. This appeal follows a lower court ruling that deemed many of Trump’s expansive tariffs unlawful, significantly impacting ongoing trade negotiations and domestic industries.
In April, Trump signed an economic emergency into existence. He pointed to a trade deficit that he claimed endangered national security and harmed U.S. manufacturing. First, he claimed authority under the International Emergency Economic Powers Act (IEEPA) to impose the tariffs. He justified these tariffs as necessary to address “unusual and extraordinary” threats to the economy. As president, he created a baseline 10% tariff. Further, he brought in reciprocal tariffs to balance trade deficits with more than 90 countries.
In May of this year, the U.S. Court of International Trade ruled that Trump’s tariffs were illegal. This landmark decision has been stayed pending the outcome of that appeal. The appellate court’s ruling specifically struck down tariffs imposed on imports from Canada, Mexico, and China, which Trump maintained were essential for curbing drug importation. This ruling was a result of lawsuits brought by small businesses and a coalition of U.S. states that were against these tariffs.
In a filing on Wednesday, Solicitor General John Sauer pointed to the urgent nature of the situation. He maintained that the lower court’s ruling was wrong and should be reversed. He stated,
“erroneous decision has disrupted highly impactful, sensitive, ongoing diplomatic trade negotiations, and cast a pall of legal uncertainty over the President’s efforts to protect our country by preventing an unprecedented economic and foreign policy crisis.”
Trump’s administration is seeking a swift intervention from the Supreme Court to affirm the president’s authority to impose such import taxes on foreign nations. The appellate court has stayed its ruling from going into effect, giving Trump’s administration time to appeal.
The continuing legal battle over these tariffs illustrates the increasingly politicized state of U.S. trade policy and its impact on international diplomacy. As the Supreme Court considers Trump’s case, the outcome may have significant ramifications for future economic policies and trade agreements.