Trump Appeals to Supreme Court Over Tariff Legality
Washington,D.C.- August 26, 2025 – President Donald Trump has requested the Supreme Court to expedite a review of lower court rulings that deemed most of his tariffs illegal. The appeal, filed Wednesday night, seeks to overturn a recent decision by the U.S.Court of appeals for the Federal Circuit.
The Federal Circuit, in a 7-4 ruling, determined that Trump exceeded his presidential authority when implementing the broad tariffs levied on goods from virtually all countries. This decision casts doubt on a key component of Trump’s trade policy.
Trump is requesting the Supreme Court to hear arguments in early November and issue a final ruling shortly thereafter – a considerably faster timeline than the court’s typical process, which could extend into early summer 2026.
Treasury Secretary Scott Bessent,in a declaration supporting the appeal,argued that the lower court’s ruling “gravely undermines the President’s ability to conduct real-world diplomacy and his ability to protect the national security and economy of the United States.” Filings submitted by Trump’s legal team also warn that delaying a decision until June 2026 could lead to the collection of $750 billion to $1 trillion in tariffs, and subsequently, significant economic disruption if those tariffs were then unwound.
The tariffs were originally imposed using the International Emergency Economic Powers Act (IEEPA), with the Trump administration declaring the U.S. federal deficit with othre nations a national emergency. Though, the appeals court asserted that “tariffs are a core Congressional power,” constitutionally vested in the legislative branch, not the executive. The court specifically stated that the power to impose taxes, including tariffs, “is vested exclusively in the legislative branch by the Constitution.”
The Federal circuit has paused its ruling from taking effect until October 14th, providing time for the Supreme Court to consider the appeal and potentially issue a stay of the decision.
Jeffrey Schwab,senior counsel at the Liberty Justice Center,representing plaintiffs who successfully challenged the tariffs,stated,”Both federal courts that considered the issue agreed that IEEPA does not give the President unchecked tariff authority.” He expressed confidence in their legal arguments and highlighted the harm the tariffs are causing to small businesses, hoping for a “prompt resolution” to the case.
