Trump will ask the Supreme Court to quickly validate tariffs imposed under the International Emergency Economic Powers Act (IEEPA). A federal appeals court ruled that IEEPA does not grant the president unlimited authority to impose tariffs and noted the 1977 statute does not list such regulatory powers in a national emergency. The appeals ruling represented a rare legal setback following prior administration Supreme Court wins. Administration officials expect the Court's conservative majority to improve chances of upholding the tariffs but say they will pursue alternative legal measures if necessary. The tariffs will remain in place through October 14 while an appeal is prepared.
Legal and trade experts said that the Supreme Court's 6-3 majority of Republican-appointed justices may slightly improve Trump's odds of keeping in place his "reciprocal" and fentanyl-related tariffs after a federal appeals court ruled 7-4 last week that they are illegal. Trump said on Tuesday that his administration would seek as early as Wednesday an expedited ruling by the Supreme Court "because we need an early decision."
The U.S. Court of Appeals for the Federal Circuit agreed on Friday with a lower court in finding that IEEPA does not grant the president unlimited authority to impose tariffs and the 1977 statute does not mention the term among regulatory powers it allows in a national emergency. The ruling marked a rare setback for Trump, who has sought to re-order the global economy in the U.S.'s favor with tariffs by declaring a national emergency over decades of trade deficits.
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