Trump Administration seeks Supreme Court review of court decision blocking tariffs under IEEPA
Supreme Court asked to decide whether IEEPA authorizes the president to impose tariffs as a response to national emergencies, and whether such a delegation of power is constitutional.
The Trump Administration has filed a petition for a writ of certiorari to the U.S. Supreme Court to review last week’s decision of the U.S. Court of Appeals for the Federal Circuit that tariffs imposed by the president under the International Emergency Economic Powers Act (IEEPA) were not legally authorized. Read TradeNewsFlash
The case concerns five executive orders (EOs) imposing duties on foreign trading partners to address emergencies declared by the president. EOs 14193, 14194, and 14195 relate to “Trafficking Tariffs” (i.e., the fentanyl/migration tariffs on China, Canada, and Mexico), while EOs 14257 and 14266 relate to “Reciprocal Tariffs.” The Federal Circuit held that Congress, in enacting IEEPA, did not give the president wide-ranging authority to impose tariffs of the nature of the Trafficking and Reciprocal Tariffs.
The administration argues that the tariffs were necessary to combat the United States’ trade deficit and the influx of fentanyl and other drugs, that IEEPA’s broad emergency powers have historically included the authority to impose tariffs, and that courts should defer to the president in matters of foreign affairs and national security.
The administration asks that the Supreme Court decide two questions: (1) whether IEEPA authorizes the president to impose tariffs as a response to the national emergencies declared by President Trump, and (2) whether such a delegation of power is constitutional.