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NEW YORK, Sept. 5 — Former U.S. President Donald Trump has petitioned the Supreme Court to reverse a lower court decision that struck down his broad use of tariffs, arguing the issue carries massive financial and policy implications.
The appeal follows a 7-4 ruling by the U.S. Court of Appeals for the Federal Circuit, which found Trump exceeded his authority by imposing sweeping tariffs under the International Emergency Economic Powers Act. The court held that setting tariffs is a “core Congressional power” not delegated to the presidency.
A May ruling by the Court of International Trade had also deemed the tariffs unlawful. Together, these judgments challenge the legal foundation of Trump’s emergency declaration that justified levies on nearly all U.S. trading partners, citing threats to domestic manufacturing and national security.
In Wednesday’s filing, Solicitor General John Sauer stressed that postponing a decision until 2026 could mean between 750 billion and one trillion dollars in tariffs will have already been collected, creating severe disruption if later overturned. U.S. businesses have already paid more than 210 billion dollars as of Aug. 24 to cover tariffs invalidated by the courts.
If the Supreme Court sides with lower courts, the U.S. Treasury may be forced to refund collected revenues, media reports noted. The appellate court paused its ruling until Oct. 14 to allow Trump’s appeal.
The case underscores both the constitutional balance of power over trade policy and the significant economic stakes tied to the outcome.
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