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yesterday

White House Races to Supreme Court to Save Emergency Tariffs

Officials want a quick decision to limit uncertainty over potential duty refunds.

An aerial perspective of a container port in Shenzhen, China.
Chinese shipping containers are shown at the Port of Los Angeles, in San Pedro California, U.S., May 13, 2025. REUTERS/Mike Blake/File Photo
President Donald Trump looks on during an event in the Oval Office at the White House on September 2.
President Donald Trump answers questions from reporters in the Oval Office on August 14, 2025, in Washington, D.C.

Overview

  • President Trump said the administration will seek an expedited Supreme Court ruling as soon as Wednesday to keep his IEEPA‑based tariffs in place.
  • A 7–4 Federal Circuit decision found IEEPA does not authorize sweeping import duties, with the tariffs preserved under a stay through October 14.
  • The Justice Department argues IEEPA lets a president regulate or block imports, a view lower courts rejected under the major‑questions doctrine.
  • Treasury Secretary Scott Bessent said the administration is readying alternatives such as new Section 232 investigations and possible use of Smoot‑Hawley Section 338.
  • Customs and Border Protection reports $65.8 billion collected from the contested duties, and trade lawyers warn an adverse ruling could spur refund claims and litigation.