TMTPOST -- U.S. President Donald Trump on Tuesday highlighted his determination to overturn an appeals court’s ruling that his use of emergency powers to impose worldwide tariffs is unlawful.
Credit：U.S. Supreme Court
Trump said his administration would appeal to the Supreme Court on Wednesday and seek for an “expedited ruling”. "It's an economic emergency," he said on a CNN radio show. "If we don’t win that decision, you’ll see a reverberation like maybe you’ve never seen before," he added.
“We’re going to be going to the Supreme Court, we think tomorrow, because we need an early decision,” Trump said in the Oval Office, arguing that the “financial fabric of our country” is at stake. “If you take away tariffs, we could end up being a third-world country,” Trump later Tuesday threatened
Trump claimed the U.S. stock market “needs the tariffs, they want the tariffs”, as the market indices dropped on Tuesday due to a federal appeals court’s ruling announced Friday.
The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. found Trump overstepped his presidential powers with his global tariffs. The court said in a filling that it agreed that the International Emergency Economic Powers Act of 1977 (IEEPA)’s grant of presidential authority to “regulate” imports does not authorize the tariffs imposed by his five executive orders.
The Trump administration had argued that a president can unilaterally impose wide-ranging, global tariffs by invoking IEEPA to protect the U.S. from international threats. Enacted in 1977, IEEPA authorizes the president to “regulate” international commerce after declaring a national emergency. But the Federal Circuit on Friday upheld a lower-court ruling against Trump’s tariff.
The ruling shot down most of tariffs that the Trump administration has implemented so far this year, including reciprocal tariffs on all the trading partners and trafficking tariffs hitting Canada, Mexico and China. “We dissent from the majority’s affirmance of the Court of International Trade (CIT)’s summary judgment that the reciprocal and trafficking tariffs are unlawful,” the appeals court in its opinion released on Friday concluded.
While the latest decision of the appeals court stroke a big blow to the core of Trump’s trade policy, the tariffs remain in place as the case continues to be adjudicated in the CIT. The appeals court said its ruling would not come into effect until October 14, effectively giving the Trump administration a chance and time to file an appeal with the Supreme Court.
Trump on Friday responded the ruling on his social media Truth Social: “ALL TARIFFS ARE STILL IN EFFECT!” “Today a Highly Partisan Appeals Court incorrectly said that our Tariffs should be removed, but they know the United States of America will win in the end,” he posted. “If these Tariffs ever went away, it would be a total disaster for the Country. It would make us financially weak, and we have to be strong.”
Trump suggested his administration would make the case to the U.S. Supreme Court. “For many years, Tariffs were allowed to be used against us by our uncaring and unwise Politicians. Now, with the help of the United States Supreme Court, we will use them to the benefit of our Nation,” he wrote.
However, the senior U.S. government officials are making backup plans. U.S. Treasury Secretary Scott Bessent said on Monday that he felt confident the Supreme Court will back Trump's use of the IEEPA to impose broad tariffs, but said the administration is working on a Plan B in case it does not.
"I'm confident the Supreme Court will uphold it - will uphold the president's authority to use IEEPA. And there are lots of other authorities that can be used - not as efficient, not as powerful," Bessent said. One of those authorities could be Section 338 of the Smoot-Hawley Tariff Act of 1930, he added.
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