Overview

• The Justice Department filed an appeal and a motion to expedite, asking the justices to take the case on a compressed schedule with arguments as early as the first week of November.
• The Federal Circuit’s 7–4 ruling found the tariffs unlawful under IEEPA but kept them in effect through at least Oct. 14 under a stay while the government seeks high court review.
• The challenged measures include a 10% baseline “reciprocal” tariff with higher country-specific rates and separate 25% duties tied to fentanyl concerns on imports from Canada, China and Mexico.
• Treasury Secretary Scott Bessent warned in filings that the ruling is unsettling trade talks and that a delayed final decision could require unwinding hundreds of billions of dollars in collected duties.
• Small businesses and 12 states suing over the tariffs support rapid resolution, with experts saying the case will test the Supreme Court’s major-questions limits on executive power over trade.