Overview

• An emergency petition asks the Court to decide by September 10 whether to hear the case and to hold arguments by early November.
• A federal appeals court ruled on August 29 that most of the surtaxes were unlawful because the IEEPA does not authorize the president to impose tariffs.
• The contested duties remain in effect under a stay, with enforcement of the appellate ruling paused until October 14 as the appeal advances.
• The administration says the duties are vital negotiating leverage and has accused the appellate panel of issuing a politically driven decision.
• If the Supreme Court ultimately upholds the lower courts, the government could face refund claims exceeding $200 billion, while Section 232 and Section 301 tariffs remain unaffected.