Trump Seeks Fast Supreme Court Action on Tariffs Case
[Stay on top of transportation news: .]
President Donald Trump said his administration would ask the Supreme Court for an expedited ruling in hopes of overturning a federal court decision that many of his tariffs were illegally imposed, arguing it is essential to keep his trade policy intact.
Trump told reporters that the U.S. would appeal to the high court for relief as soon as Sept. 3 because “it would be a devastation for our country” if the appeals court ruling was left in place.
“We’re going to be going to the Supreme Court, we think tomorrow, because we need an early decision,” Trump said Sept. 2 in the Oval Office. “We’re going to ask for an expedited ruling.”
The president’s comments follow a ruling by the U.S. Court of Appeals for the Federal Circuit on Aug. 29 that Trump wrongfully invoked an emergency law for the so-called reciprocal tariffs he imposed on trading partners as well as levies on China, Canada and Mexico he said were intended to address cross-border fentanyl trafficking.
The judges, however, let the tariffs stay in place while the case proceeds.
The decision injected fresh legal uncertainty over the fate of the administration’s agenda with potential impacts for trillions in global trade.
“The stock market’s down because the stock market needs the tariffs. They want the tariffs,” the president said.
TT's Seth Clevenger and Mike Senatore offer an inside look at the creation of the 2025 Top 100 Private Carriers list, discussing key takeaways, trends and changes in the industry. Tune in above or by going to .
Corporate debt sales and budget worries in the developed world were seen as the main drivers of the market selloff.
The Aug. 29 ruling upheld an earlier decision by the Court of International Trade that Trump exceeded his authority in invoking the International Emergency Economic Powers Act. The appellate judges said the lower court should revisit the decision to block the tariffs in question for everyone, rather than just the parties who brought suit in the case.
The administration could now turn to the justices of the U.S. Supreme Court, who largely have backed the president on other matters, but the White House could also let the Court of International Trade revisit the case first.
The Aug. 29 ruling was only the latest turn in a tariff push that has seen delays, reversals and legal challenges that have injected uncertainty into the president’s agenda and left businesses, investors and trading partners — many of whom struck deals with Trump to secure lower rates — eager for any clarity. The dollar slipped against most Group-of-10 peers after the federal appeals court ruling on Aug. 29.
Want more news? Listen to today's daily briefing above or go here for more info
Trump has leaned heavily on emergency powers to impose the import taxes, using the IEEPA to justify the sweeping country-specific levies unveiled in the Rose Garden on April 2.
If the court does ultimately strike down those global tariffs, the Trump administration has other, albeit more narrow, legal avenues to impose levies. Those mechanisms include tapping Section 232 from the Trade Expansion Act to pursue industry-specific import taxes on semiconductors, steel and wind turbines. The measure allows the president to regulate imports deemed a threat to national security.
Trump can also direct the U.S. Trade Representative, under Section 301, to impose tariffs in response to other nations’ trade measures deemed discriminatory to American businesses or in violation of U.S. rights under international trade agreements.
Trump has already announced tariffs on steel, aluminum, copper and automobiles.
