Overview
- The Justice Department filed a petition and motion to expedite after a 7–4 Federal Circuit ruling found the International Emergency Economic Powers Act likely does not authorize the president’s broad tariff program under the major‑questions doctrine.
- The appeals court stayed its mandate, keeping the contested levies in force at least through Oct. 14 while the Supreme Court weighs whether to take the case.
- Challengers, including five small import businesses and a coalition of 12 states, do not oppose the accelerated schedule and say the tariffs are harming U.S. companies.
- At issue are two sets of measures: a 10% baseline “reciprocal” tariff regime with higher country‑specific rates and separate fentanyl‑related tariffs on goods from Canada, Mexico, and China; other duties imposed under different statutes are not part of the case.
- Treasury warns the appellate ruling is disrupting trade negotiations and that delaying a final resolution could force unwinding or refunding hundreds of billions of dollars already collected.