A coalition of small businesses has petitioned the Supreme Court to issue a definitive ruling on the legality of tariffs imposed by former President Donald Trump through a series of executive orders. The businesses presented their case in a brief filed recently, emphasizing the economic damage these tariffs have caused to their operations, highlighted by price hikes and supply chain disruptions. The group stressed that these challenges are proving unsustainable for their continued business viability.
The urgency of the group’s filing follows closely on the heels of a request by the Trump administration, which asked the Supreme Court to evaluate the President’s authority under the International Emergency Economic Powers Act (IEEPA) of 1977. This statute enabled Trump to establish two major categories of tariffs: the “trafficking tariffs,” which target products from Canada, Mexico, and China for allegedly facilitating fentanyl flow into the U.S., and “reciprocal tariffs” affecting goods from numerous countries, starting at a 10% rate but capably extending to 50%.
Previously, the Court of International Trade determined these tariffs as exceeding presidential powers under the IEEPA, a view sustained by the U.S. Court of Appeals for the Federal Circuit, which upheld the judgment with a 7-4 vote as documented in their ruling.
The U.S. Solicitor General, D. John Sauer, argued that these tariffs and diplomatic negotiations aim to redress long-standing inequities in trade policies, which have deteriorated the U.S.’s manufacturing and military capabilities. Sauer has urged the Court to expedite the appeal process, advocating for a Supreme Court decision by September 10th on the possibility of taking up the case, with oral arguments tentatively set for November.
The small business coalition concurs that a decision is warranted now to determine the extent of presidential authority regarding tariff imposition. They assert that should Trump’s interpretation of IEEPA hold, it would represent an unconstitutional overreach of Congressional power, unmatched since 1935. Moreover, they argue that overturning these specific tariffs would not prevent the President from implementing alternative tariffs or structuring legal trade negotiations based on existing Congressional statutes dedicated to that purpose.
The full details of the brief and ongoing developments in the case are available via SCOTUSblog.