The Trump administration asked the Supreme Court to quickly decide the legality of sweeping tariffs imposed globally by President Donald Trump's use of emergency powers.
In a Sept. 3 petition, Solicitor General John Sauer asked the court to decide by Sept. 10 whether to grant a review of an Aug. 29 Court of Appeals for the Federal Circuit ruling that found Trump lacked the authority to impose tariffs of unlimited duration under the 1977 International Emergency Economic Powers Act.
The administration's proposed schedule included the government filing its arguments by Sept. 19 and the plaintiffs providing counterarguments by Oct. 20. The government would file its reply by Oct. 30 and suggested oral arguments in the first week of November.
The expedited schedule for the case V.O.S. Selections, Inc. v. Trump was needed "given the enormous importance of quickly confirming the full legal standing of the President’s tariffs," the filing said.
"The en banc Federal Circuit’s erroneous decision has disrupted highly impactful, sensitive, ongoing diplomatic trade negotiations, and cast a pall of legal uncertainty over the President’s efforts to protect our country by preventing an unprecedented economic and foreign policy crisis," the document said.
In a declaration accompanying the petition, Treasury Secretary Scott Bessent added that the Federal Circuit's decision has resulted in world leaders "questioning the President's authority to impose tariffs, walking away from or delaying negotiations, and/or imposing a different calculus on their negotiating positions."
In last week’s ruling, the Federal Circuit sided with the Court of International Trade, which found in May that Trump lacked the authority to impose long-term tariffs without approval from Congress. Constitutionally, Congress is the only branch of government that can set long-term tariffs.
The appellate court delayed issuing a mandate striking down Trump's levies until Oct. 14 to give the administration time to seek a review of the decision from the Supreme Court.
