News
17/06/25
US Supreme Court asked to rule on tariffs
Washington, 17 June (Argus) — Plaintiffs in one of the legal cases challenging
President Donald Trump's authority to impose tariffs are asking the Supreme
Court to hear their arguments even before US federal appeals courts rule on
their petition. The legal case brought by the plaintiffs — toy companies
Learning Resources and hand2hand — resulted in a ruling by the US District Court
for the District of Columbia in late May that Trump did not have the authority
to impose tariffs by citing a 1978 law called the International Emergency
Economic Powers Act (IEEPA). That case is currently on appeal at the US Court of
Appeals for the DC Circuit. The plaintiffs today urged the Supreme Court to take
the case and schedule oral arguments at the start of its fall term in October,
or possibly in a special September sitting. The plaintiffs argued the Supreme
Court will eventually have to rule on the case given the unprecedented use of
IEEPA by the Trump White House to impose tariffs, so special consideration
should be given to the case even before appeals courts rule on it. The Supreme
Court is under no obligation to fast-track the case. The schedule for legal
challenges to Trump's authority is clashing with his claims to be negotiating
multiple deals with foreign trade partners. Trump cited the IEEPA to impose,
then rescind, tariffs of 10-25pc on energy and other imports from Canada and
Mexico in February-March. He used the same law to impose 20pc tariffs on China
in February-March, and to impose 10pc tariffs on nearly every US trading partner
in April. The US Court of Appeals for the DC Circuit has stayed the toy
companies' case until the resolution of a separate, broader legal challenge to
Trump's tariff authority. In that case, the US Court of International Trade
ruled in late May that Trump's use of IEEPA was illegal and ordered the
administration to remove all tariffs it imposed under that rubric and to refund
all import duties it collected. The trade court's ruling is under review at the
US Court of Appeals for the Federal Circuit, which scheduled an oral argument on
31 July to hear from plaintiffs — a group of US companies and several US states
— and from the Trump administration. The trade court's ruling in late May was
unexpected, as it "actually ruled on the merits of the case, as opposed to just
granting or denying an injunction," according to Alec Phillips, chief political
economist with investment bank Goldman Sachs' research arm. "The question now
is, will the Federal Circuit uphold the ruling, and will ultimately the Supreme
Court uphold the ruling?" The Trump administration argued that the legal
challenges to its tariff authority could undermine its ability to negotiate with
foreign trade partners. The administration has so far produced two limited trade
agreements, with the UK and China, despite promising in early April to unveil
"90 deals in 90 days". Trump on Monday described ongoing trade negotiations as
an easy process. "We're dealing with really, if you think about it, probably 175
countries, and most of them can just be sent a letter saying, 'It'll be an honor
to trade with you, and here's what you're going to have to pay to do'", Trump
said. But on the same day he pushed back on calls from Canada and the EU to
negotiate trade deals, arguing that their approach is too complex. "You get too
complex on the deals and they never get done," Trump said. The legal challenges
to Trump's authority under IEEPA will not affect the tariffs he imposed on
foreign steel, aluminum, cars and auto parts. US trade statistics point to a
significant tariff burden in place in April, the latest month for which data are
available.The effective US tariff rate on all imports — the amount of duties
collected divided by the total value of imports — rose to 7.1pc in April from
2.4pc in January. Trump has dismissed concerns about the impact of tariffs on
consumer prices, noting on Monday that "we're making a lot of money. You know,
we took in $88bn in tariffs." Treasury Department revenue data show that the US
has collected $98bn in customs revenue for the year through 13 June, up from
$63bn in the same period last year. By Haik Gugarats Send comments and request
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