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U.S. Supreme Court Agrees to Expedite Trump's Tariff Case
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TMTPOST --   U.S.   Supreme Court on Tuesday   agreed to expedite   a case   against   most   of President   Donald Trump ’ s global tariffs.

Credit:U.S. Supreme Court

In an order released   on Tuesday, the Supreme Court said the Trump administration ’ s motion   to expedite consideration of the case   was granted.   The case   involves   the Court of International Trade ( CIT ) ’ s   ruling   that struck   down all   the Trump ’ s tariffs   under the International Emergency Economic Powers Act of 1977 ( IEEPA ) .

The   Supreme Court will also consider a second tariff challenge pressed by two educational-toy makers. Those companies are pressing similar arguments   but filed their suit in federal district court in Washington, rather than in the CIT.  

The Supreme Court   in its order gave both sides until September 19 to file their initial briefs, and   two cases   will be set for oral argument   in the first week of November. The   order puts   the case on an unusually   fast track   to resolution.   The Supreme Court normally   would take as long as early next summer to issue such a decision.

U.S. Treasury Secretary Scott   later   Tuesday   reiterated his   confidence about Trump ’ s winning   the   case in the Supreme   Court.   He said he was confident that the court will   uphold Trump ’ s tariffs.   The Treasury chief   days ago   said   he felt confident that   Trump would win the   tariff   case, while warning   the government   would lose   federal revenue   amounting to tens of billions of   dollars   if   the Supreme   Court upholds   an appeals   court ’ s ruling.

If these tariffs implemented since Trump ’ s   second presidential   term are shot down   by the   Supreme   Court ’ s ruling, "We would have to give a refund on about half the tariffs, which would be terrible for the Treasury," Bessent said during   an interview   with NBC News on   Sunday.   

Bessent   also   suggested   more sizable cost for the government   if   the   Supreme   Court delays   its ruling. "Delaying a ruling until   June 2026 could result in a scenario in which $750 billion-$1 trillion in tariffs have already been collected, and unwinding them could cause significant disruption,"   he said.

The Trump administration had argued that a   president can unilaterally impose wide-ranging, global tariffs by invoking the International Emergency Economic Powers Act of 1977 ( IEEPA )    to protect the U.S.   from international threats. But   the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. on August   29   upheld   the Court of International Trade ( CIT ) ’ s ruling against   Trump ’ s tariff,   finding   that   Trump   overstepped his presidential powers   with his   global   tariffs.  

The appeals court   said in a filling   that   it agreed that   the IEEPA   ’ s grant of presidential authority to "regulate"   imports does   not authorize the   tariffs imposed by   his   five   executive orders.   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.

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.  

The Trump administration last week   appealed to the Supreme Court to protect his global tariffs.   Solicitor General D. John Sauer,   the administration ’ s top courtroom lawyer, told the justices that "the power to ‘ regulate importation ’ encompasses the power to impose tariffs or duties on imports."

Sauer   asked the court   to accept a schedule   with a decision on the petition for a writ of   certiorati by   September 10,   and upon   a grant of   certiorari,   to expedite   consideration of the case so that oral arguments can be heard heard as soon as the first   week   of November   and a   final decision on the legality of   the   disputed tariffs   can be   issued soon afterward.

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