WASHINGTON D.C.- A federal appeals court is currently reviewing the legality of tariffs imposed during the Trump administration, sparking a warning from former President Donald Trump of a potential Supreme Court battle. The case centers on approximately tens of billions of dollars in revenue generated by the tariffs.
The initial tariffs,largely targeting china,were implemented beginning in 2018 under Section 301 of the Trade Act of 1974,alleging unfair trade practices. In May, a court ruled against the legality of these tariffs, but the decision was suspended pending a more thorough review by the appeals court. The Biden administration has not publicly stated its position on the tariffs, but Trump has vowed to appeal to the Supreme Court if the ruling is unfavorable.
Trump, speaking on his social media platform Truth social, asserted that overturning the tariffs would be a “judicial tragedy” and would make it “unfeasible to recover or return these huge sums of money and (restore our) honor.” He specifically warned of a return to economic conditions similar to the Grate depression of 1929.
According to data released Friday by the World Trade Association (WTO), the average U.S. tariff rate currently stands at 20.1%. This represents the highest level as the early 1910s, excluding a brief period in 2025. Prior to the implementation of these tariffs, on January 20, 2017 – the day of his inauguration – the average tariff rate was 2.4%.
The tariffs have impacted a wide range of goods,including steel,aluminum,and consumer products. The Peterson Institute for International Economics estimates that U.S. consumers and businesses have paid over $80 billion in tariffs since 2018. The tariffs were initially intended to incentivize China to address issues such as intellectual property theft, forced technology transfer, and trade imbalances.
Trump has also indicated his intention to possibly impose additional tariffs if re-elected, specifically targeting pharmaceutical products and semiconductors. He has repeatedly criticized the trade policies of previous administrations, arguing they have led to job losses and economic decline in the United States. He has specifically mentioned targeting countries like Vietnam and Mexico if they do not address trade imbalances with the U.S.
The case is being heard by the U.S. Court of Appeals for the District of Columbia Circuit. The plaintiffs in the case, including several U.S. importers, argue that the tariffs were imposed without proper legal authority and have harmed their businesses. The outcome of the case could have significant implications for U.S. trade policy and the global economy.
EFE