After two defeats in lower courts, US President Donald Trump is preparing to appeal to the Supreme Court to protect his emergency tariffs. However, according to experts, he faces difficult legal questions.
Trump’s reciprocal and fentanyl-related tariffs, based on the IEEPA law (International Economic Emergency Powers Act of 1977), were found illegal last week by a federal appeals court with a 7-4 vote. The decision was a rare legal setback for Trump. Trump, by requesting a swift decision from the Supreme Court, warned that the country’s economy would be devastated if the tariffs were overturned. Treasury Secretary Scott Bessent, however, said that even if the court overturned the tariffs, these policies would continue with other legal grounds. Experts say the case will be evaluated under the “big questions doctrine,” which argues that Congress should grant explicit authorization for decisions with very large economic and political impacts. In 2023, the same doctrine led to Biden’s cancellation of the $400 billion student loan forgiveness program.
Trump also has alternative avenues at his disposal, such as Section 232 of the 1962 Trade Expansion Act and the 1930 Smoot-Hawley Act.
However, if the IEEPA tariffs are overturned, the refund of the $65.8 billion in taxes collected could create a serious crisis. The Supreme Court’s decision will shape not only Trump’s tariffs but also the future of US trade policy … not change the Supreme Court’s decision. The Supreme Court’s decision will not change the Supreme Court’s decision. The Supreme Court’s decision will not change the Supreme Court’s decision. The Supreme Court’s decision will not change the Supreme Court’s decision. The Supreme Court’s decision will not change the Supreme Court’s decision. The Supreme Court’s decision will not change the Supreme Court’s decision. The Supreme Court’s decision will not change the Supreme Court’s decision.
