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Trump Asks Supreme Court to Save IEEPA Tariffs After Appeals Court Setback

The administration says the emergency‑powers duties serve urgent foreign‑policy goals even as judges question whether the statute lets a president set broad tariffs.

Overview

  • An en banc Federal Circuit ruled 7–4 that most tariffs imposed under the International Emergency Economic Powers Act are unlawful, but left them in place under a stay.
  • Solicitor General D. John Sauer has asked the Supreme Court for expedited review and a fast-track argument schedule.
  • The White House frames the disputed duties as foreign‑policy tools, including pressure on India over purchases of Russian oil and support for efforts related to Ukraine and fentanyl.
  • If the IEEPA tariffs are ultimately struck down, importers could seek large refunds, and U.S. Customs and Border Protection has reported tens of billions of dollars already collected.
  • New analysis highlights that the average U.S. tariff rate spiked to about 28 percent in April and is now around 19 percent, levels more typical of lower‑income economies.