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The Trump administration on Wednesday asked the Supreme Court to quickly decide whether Donald Trump has the right to impose his massive tariffs under federal emergency laws.
The appeal was the result of a 7-4 ruling by the Federal Court of Appeals, that under the International Emergency Economic Powers Act of 1977, the vast majority of Trump’s tariffs were illegal, although the bill allowed liability to remain until the case was resolved.
Many states and small businesses challenged Trump’s tariffs in litigation, saying they caused serious economic harm.
Under federal law, federal courts’ tariffs on removing Trump in appeal ruling are illegal
U.S. President Donald Trump is joined by U.S. Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, who issued a Supreme Court ruling in the White House briefing room in Washington, D.C. on June 27, 2025. (Joe Raedle/Getty Images)
“These illegal tariffs have seriously harmed small businesses and endangered their survival,” said Jeffrey Schwab, an attorney for the Free Justice Center.
However, the Trump administration opposes the appeal, believing that the imposition of tariffs could cause serious economic harm.
“This decision has caused uncertainty in foreign negotiations that have been going through tariffs over the past five months, which harms the framework agreements that have been reached and ongoing negotiations,” the Trump administration noted in its appeal. “In this case, the bet cannot be higher.”
Officials also noted that since late August, taxes have raised $159 billion, a figure more than doubled from the previous year.
Although the Constitution does give Congress the power to set tariffs over the years, many lawmakers delegated these authorities to the White House. While Trump has seen this use to his advantage, some of his responsibilities for steel, aluminum, automobiles and early tariffs have been left in place by President Joe Biden, not part of the case.
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Legal experts noted that the administration also warned that the U.S. Treasury Department could be forced to refund the billions of dollars it has collected if the court violates these tariffs.
The Supreme Court is expected to decide soon whether they will file a case directly, which could create a major ruling within the scope of trade under the power of the president.
