Trump has used an aggressive tariff plan to generate revenue and deals for the United States despite fears that it will alienate allies.
The high court will hear challenges on Nov. 5 after a lower court ruled that the president overstepped his authority by using a law meant to be used for emergencies to enforce his tariff agenda.
Trump placed tariffs of varying levels on nearly every U.S. trade partner. Many countries have sought to negotiate to remove or reduce the tariffs, some have made deals, while others have enforced counter tariffs.
The law Trump used to impose the tariffs, the International Emergency Economic Powers Act, is from 1977 and requires a national emergency to be declared. There’s no mention of tariffs in the law, though it does give the president broad power to regulate international commerce.
A federal appeals court in Washington, D.C., wrote that the law “bestows significant authority on the president to undertake a number of actions in response to a declared national emergency, but none of these actions explicitly include the power to impose tariffs, duties, or the like, or the power to tax.”
DAVID HARSANYI: CHARLIE KIRK EPITOMIZED THE BEST OF OUR CIVIC TRADITION
When the tariff challenge case was passed to the Supreme Court, it was placed on a fast track to be heard. The tariffs remain in effect as the administration appeals to the high court.
The Trump administration has been granted emergency relief 18 consecutive times from the Supreme Court.
