Trump Administration Urges Appeals Court to Back Tariff Power
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The Trump administration defended the president’s power to impose sweeping global tariffs, arguing to a federal appeals court that it should overturn a decision finding the levies unconstitutional.
The U.S. Justice Department on the night of June 24 filed its opening brief in the U.S. Court of Appeals for the Federal Circuit, where it’s seeking to overturn a May 28 ruling by the Court of International Trade. The appeals court handed President Donald Trump an early, albeit temporary, win earlier this month when it ruled that the administration could continue to enforce his tariff orders while the court case continues.
The appeals court placed the case on a speedy schedule and is set to hear arguments July 31. The private businesses and states that brought lawsuits challenging the tariffs are due to respond to the government by July 8.
The trade court ruled in May that Trump exceeded his authority in imposing the tariffs, a power given to Congress in the Constitution. In the latest filing, government lawyers argued that Congress had “delegated” tariff authority to the president to bolster the executive branch’s ability to manage foreign affairs. Trump properly invoked an economic emergency law in signing the tariff orders at issue, the Justice Department contends.
“The president imposed these tariffs, consistent with his obligations under the Constitution, because in his judgment they are necessary and appropriate to address what he has determined are grave threats to the United States’s national security and economy,” the government said, adding that Trump’s invocation of his power had “already achieved success” in negotiations for new trade deals.
If the appeals court ultimately rules against Trump’s tariffs, the Justice Department said that it would ask the U.S. Supreme Court to immediately intervene in the fight.
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