The Trump Admin Isn't Taking That Appeals Court Ruling on Tariffs Sitting Down

The Trump administration on Wednesday asked the Supreme Court to quickly determine whether the president has the authority to impose sweeping tariffs, which were invalidated by a lower court.

In a 7-4 decision last week, the U.S. Court of Appeals for the Federal Circuit struck down most of President Trump’s tariffs as illegal.

“The core Congressional power to impose taxes such as tariffs is vested exclusively in the legislative branch by the Constitution,” the court said. “Tariffs are a core Congressional power.”

The decision did not take effect immediately, however, with the ruling paused until Oct. 14, giving the administration time to bring the case before the Supreme Court.

In its appeal, the Trump administration argued striking the tariffs down would jeopardize “both already negotiated framework deals and ongoing negotiations” with other countries. "The stakes in this case could not be higher."

Solicitor General D. John Sauer asked the justices to decide by Sept. 10 whether to review the case and to schedule oral argument for the first week of November — just one month after the court’s new term begins. If the justices accept the case, it would be the first to reach the court in Mr. Trump’s second term that directly tests the legality of one of the administration’s signature initiatives rather than addressing the president’s actions on a temporary emergency basis.
Since taking office, Mr. Trump has relied on the International Emergency Economic Powers Act of 1977 as a central part of his efforts to force companies to invest in the United States.
Without the emergency powers, the president and his advisers have warned of major damage to the nation’s economy, military power and diplomatic relations, particularly if the government were forced to pay back some of the billions of dollars it has already collected in tariffs.
The lower court’s “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,” the solicitor general told the justices in his request for highly expedited review. (NYT)

.@POTUS on tariffs: "We have a very very big case in the Supreme Court... Our country has a chance to be unbelievably rich again... If we don't win that case, our country is going to suffer so greatly — but I think we're gonna have a big victory." pic.twitter.com/exSxevsXAq
— Rapid Response 47 (@RapidResponse47) September 3, 2025

🚨 BREAKING: President Trump APPEALS to the U.S. Supreme Court to overturn a ruling that strikes down his broad, sweeping tariffs.

Here we go.

If SCOTUS doesn’t restore his tariff authority, it will deal a massive blow to current trade policy. pic.twitter.com/quJOnBbag4
— Eric Daugherty (@EricLDaugh) September 4, 2025