Trump asks Supreme Court to quickly take up tariffs case and reverse ruling

Litigation Regulations

The Trump administration took the fight over tariffs to the Supreme Court on Wednesday, asking the justices to rule quickly that the president has the power to impose sweeping import taxes under federal law.

The government called on the court to reverse an appeals court ruling that found most of President Donald Trump’s tariffs are an illegal use of an emergency powers law.

It’s the latest in a series of Trump administration appeals to a Supreme Court he helped shape, and one that is expected to put a centerpiece of the president’s trade policy before the justices.

The U.S. Court of Appeals for the Federal Circuit left the tariffs in place for now, but the administration nevertheless called on the high court to intervene quickly in a petition filed electronically late Wednesday and provided to The Associated Press. It was expected to be formally docketed on Thursday.

Solicitor General D. John Sauer asked the justices to take up the case and hear arguments in early November.

“That decision casts a pall of uncertainty upon ongoing foreign negotiations that the President has been pursuing through tariffs over the past five months, jeopardizing both already negotiated framework deals and ongoing negotiations,” he wrote. “The stakes in this case could not be higher.”

But the stakes are also high for small businesses battered by tariffs and uncertainty, said Jeffrey Schwab, senior counsel and director of litigation at the Liberty Justice Center.

“These unlawful tariffs are inflicting serious harm on small businesses and jeopardizing their survival. We hope for a prompt resolution of this case for our clients,” he said.

The businesses have twice prevailed, once at a federal court focused on trade and again with the appeals court’s 7-4 ruling.

Their lawsuit is one of several challenging the tariffs and erratic rollout that have shaken global markets, alienated U.S. trading partners and allies and raised fears of higher prices and slower economic growth.

But Trump has also used the levies to pressure the European Union, Japan and other countries into accepting new trade deals. Revenue from tariffs totaled $159 billion by late August, more than double what it was at the same point the year before.

Most judges on the U.S. Court of Appeals for the Federal Circuit found the 1977 International Emergency Economic Powers Act, or IEEPA, did not let Trump usurp congressional power to set tariffs. The dissenters, though, said the law does allow the president to regulate importation during emergencies without explicit limitations.

The ruling involves two sets of import taxes, both of which Trump justified by declaring a national emergency: the tariffs first announced in April and the ones from February on imports from Canada, China and Mexico.

The Constitution gives Congress the power to impose taxes, including tariffs. But over the decades, lawmakers have ceded authority to the president, and Trump has made the most of the power vacuum.

Some Trump tariffs, including levies on foreign steel, aluminum and autos, weren’t covered by the appeals court ruling. It also does not include tariffs Trump imposed on China in his first term that were kept by Democratic President Joe Biden.

Trump can impose tariffs under other laws, but those have more limitations on the speed and severity with which he could act.

The government has argued that if the tariffs are struck down, it might have to refund some of the import taxes that it’s collected, delivering a financial blow to the U.S. Treasury.

Related listings

  • Federal data website outage raises concerns among advocates

    Federal data website outage raises concerns among advocates

    U.S. Court News 08/20/2025

    A federal website that informs the public about what information agencies are collecting and allows for public comment went down last weekend, and it has only been partially restored. The outage has raised concerns among advocates who already were tr...

  • Texas GOP Set to Trigger National Redistricting Battle With Map Vote

    Texas GOP Set to Trigger National Redistricting Battle With Map Vote

    U.S. Court News 08/16/2025

    The first domino in a growing national redistricting battle is likely to fall Wednesday as the Republican-controlled Texas legislature is expected to pass a new congressional map creating five new winnable seats for the GOP.The vote follows prodding ...

  • Man struck and killed on freeway after fleeing immigration agents

    Man struck and killed on freeway after fleeing immigration agents

    National Court News 08/12/2025

    A man fleeing immigration authorities outside a Home Depot store in Southern California was struck and killed by an SUV when he ran across a nearby freeway, officials said.Police in the city of Monrovia about 20 miles (32 kilometers) northeast of Los...

USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.