Sep 4, 2025
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President Donald Trump Asks Supreme Court to Reinstate Sweeping Tariffs Ruled Illegal by Lower Courts

By Blessing Nweke

President Donald Trump has formally petitioned the U.S. Supreme Court to overturn a lower court ruling that declared many of his broad tariffs illegal. The administration filed the request late Wednesday, urging the justices to act swiftly and reaffirm the president’s authority to impose import taxes under emergency powers.

Last week, a divided U.S. Court of Appeals for the Federal Circuit ruled 7-4 that Trump’s tariffs, enacted under the International Emergency Economic Powers Act (IEEPA), exceeded presidential authority. The court found that setting tariffs is a “core Congressional power,” and not one the president can unilaterally exercise.

Trump had invoked IEEPA in April, declaring an economic emergency and citing trade imbalances that, he claimed, threatened national security. He then imposed a 10% baseline tariff, along with additional “reciprocal” tariffs on over 90 countries, including Canada, Mexico, and China.

The appeals court ruling, which could take effect on October 14 if the Supreme Court declines to review the case, could force the U.S. to refund billions in collected tariffs and disrupt Trump’s trade policy legacy.

In the Supreme Court petition, Solicitor General John Sauer warned the decision had already undermined sensitive trade negotiations and created “legal uncertainty” around executive efforts to address economic threats.

The decision also follows a May ruling from the U.S. Court of International Trade, which found the tariffs unlawful. That judgment, too, was stayed during the appeals process.

Notably, the rulings do not affect other duties imposed under separate authority, such as those on steel and aluminum. The lawsuits challenging the tariffs were brought by small businesses and several U.S. states who argued the measures were economically damaging and unconstitutional.