White House defends Trump's tariff authority in Supreme Court brief
Key Highlights
- Trump administration files 49-page Supreme Court brief defending the president's authority to impose sweeping tariffs under 1977 Emergency Powers Act
- Legal battle involves seven businesses and 12 states challenging 10% to 50% tariffs imposed on April 2
- The government argues International Emergency Economic Powers Act grants broad tariff authority to address trade deficits and drug trafficking
- Supreme Court schedules oral arguments for Nov. 5 with expedited timeline
- Legal expert warns ruling could give presidents unprecedented tax authority without Congressional approval
The Trump administration has asked the Supreme Court to uphold the president's broad emergency tariff powers, filing a 49-page brief Sept. 19 defending sweeping levies imposed on U.S. trading partners.
According to Automotive Drive, the government submission opens a legal battle against seven businesses and 12 states challenging President Donald Trump's authority to impose tariffs of an unlimited amount and duration under the International Emergency Economic Powers Act. The Supreme Court consolidated three similar lawsuits challenging the 10% to 50% tariffs Trump announced April 2.
Led by Solicitor General D. John Sauer, the brief argued that lower courts erred in their IEEPA interpretations and that courts should give significant deference to presidential actions during national crises.
"Congress thus gave itself, not federal courts, primary oversight over the President's exercise of IEEPA powers," the brief stated.
The administration rejected arguments that IEEPA doesn't authorize tariffs because the term doesn't appear in the statute, calling it an "unjustifiable 'magic words' requirement."
"That IEEPA does not use the word 'tariff' is immaterial," the brief said.
However, Christopher Swift, a partner in Foley & Lardner's international trade and national security practice, warned of constitutional implications.
"If the Supreme Court determines that the president can use IEEPA to impose tariffs, then it will be the first time in U.S. history that a president would have the ability to impose a tax without prior Congressional approval," Swift said.
This year, Trump imposed "reciprocal" tariffs ranging from 10% to 50% on nearly all countries and "trafficking" tariffs specifically on Canada, China and Mexico to curb fentanyl flow into the United States.
The Supreme Court agreed to expedite the case, scheduling oral arguments for Nov. 5 with an Oct. 20 deadline for plaintiffs' response brief.