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Trump Asks Supreme Court to Fast-Track Appeal to Preserve Emergency Tariffs

The case will test whether the International Emergency Economic Powers Act grants the sweeping tariff authority that an appeals court rejected.

Overview

  • Justice Department filings seek expedited review with oral arguments as soon as early November, and the tariff challengers do not oppose the fast schedule.
  • A 7–4 Federal Circuit ruling said most IEEPA-based tariffs are unlawful, but the court stayed its decision through Oct. 14, leaving the duties in place for now.
  • Trump warned the U.S. might have to unwind recent trade deals with the EU, Japan and South Korea if the Supreme Court upholds the lower-court ruling.
  • U.S. Customs and Border Protection reports $65.8 billion collected from IEEPA tariffs as of Aug. 25, and experts say refund pathways remain uncertain if those duties are struck down.
  • Officials signal potential fallback options under other statutes, including new Section 232 investigations and the rarely used Smoot-Hawley Section 338, with sector-specific tariffs not part of this case.