After a lower court declared most of the levies essential to the Republican president’s economic and trade agenda unconstitutional, Donald Trump’s administration requested on Wednesday that the US Supreme Court consider a case to maintain his broad tariffs, which were sought under a 1977 statute intended for emergencies.
Undermining a key Trump aim in his second term, the Justice Department challenged a federal appeals court’s August 29 decision that the president had overreached himself in using the International Emergency Economic Powers Act.
Since the appeals court postponed its ruling to allow the government to request Supreme Court review, the tariffs are still in place as of right now. The Justice Department requested that the Supreme Court decide on whether to hear the case by September 10. A month after the court’s 2025–2026 term began, the Justice Department also suggested an expedited timeline for the litigation’s resolution, with oral arguments scheduled for the first week of November.
The government’s request for a Supreme Court hearing is not being opposed by attorneys for small firms contesting the tariffs. In a statement, one of the lawyers, Jeffrey Schwab of Liberty Justice Center, expressed confidence that they would win. For our clients, we hope this dispute is resolved quickly,” Schwab stated.
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