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By Dan Gooding and Gabe Whisnant
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President Donald Trump said Wednesday's Supreme Court hearing that will determine the fate of the tariffs at the heart of his economic and foreign policy is a "life or death" case for the United States.
Trump posted on Truth Social, "Tomorrow’s United States Supreme Court case is, literally, LIFE OR DEATH for our Country. With a Victory, we have tremendous, but fair, Financial and National Security. Without it, we are virtually defenseless against other Countries who have, for years, taken advantage of us. Our Stock Market is consistently hitting Record Highs, and our Country has never been more respected than it is right now. A big part of this is the Economic Security created by Tariffs, and the Deals that we have negotiated because of them. Thank you for your attention to this matter!"
Why It Matters
Trump has repeatedly announced, imposed, paused, and reinstated tariffs on various countries and commodities since his return to office in January, aimed at curtailing illegal immigration and drug trafficking, while also seeking to bolster U.S. economic security. The efforts have come up against resistance for using the International Emergency Economic Powers Act (IEEPA) without Congressional approval.
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Supreme Court Tariffs Case: What's At Stake?
Trump's post on Tuesday came after a similar warning on Monday that the country would face "ruination" if the court rules against him on Wednesday.
The Supreme Court will hear oral arguments in two suits brought by small businesses challenging the president's authority to impose tariffs, the very foundation of his aggressive trade policy. They argue the power to set tariffs rests with Congress, not the president.
A ruling against Trump could restrict his power to impose tariffs by ensuring Congress is consulted on new measures—something which could have ripple effects on following administrations. If the court sides with him, then the president would have the power to switch up tariffs when deemed necessary.
Trump has increasingly expressed agitation and anxiety about the looming decision in a case he says is one of the most important in U.S. history. He has said it would be a “disaster” for the United States if the justices fail to overturn lower court rulings that found he went too far in using an emergency powers law to put his tariffs in place.
Previously, Trump had said he wanted to take the highly unusual step of attending the arguments in person, but on Sunday said he had ruled it out, saying he didn't want to be a distraction. “I wanted to go so badly — I just don’t want to do anything to deflect the importance of that decision," he told reporters on Air Force One.
The Justice Department, in its defense of the tariffs, has highlighted the expansive way Trump has used them, arguing that the trade penalties are part of his power over foreign affairs, an area where the courts should not second-guess the president.
What Does the Constitution Say About Tariffs?
Earlier this year, two lower courts and most judges on the U.S. Court of Appeals for the Federal Circuit found that Trump did not have power under the International Emergency Economic Powers Act, or IEEPA, to set tariffs — a power the Constitution grants to Congress. Some dissenting judges on the court, though, said the 1977 law allows the president to regulate imports during emergencies without specific limitations.
The courts left the tariffs in place while the Supreme Court considers the issue. Meanwhile, Trump has continued to wield them as he has tried to pressure or punish other countries on matters related—and unrelated—to trade.
Modern presidents have used financial sanctions such as freezing assets or blocking trade, not tariffs, for their foreign policy and national security aims, said Josh Lipsky, a former Obama White House and State Department staffer who is now the international economics chair at the Atlantic Council.
There are other laws that presidents can use to impose tariffs. But they require a month-long process to justify the rates.
What People Are Saying
White House Press Secretary Karoline Leavitt, on Fox News' Sunday Morning Futures: “We do have backup plans, but ultimately…we are hopeful that the Supreme Court will rule on the right side of the law and do what’s right for our country. The importance of this case cannot be overstated. The president must have the emergency authority to utilize tariffs.”
Senate Majority Leader and Democratic New York Senator Chuck Schumer previously criticized the tariffs as a hidden tax on everyday Americans: “Every American who wakes up in the morning to get a cup of java is paying a price for Donald Trump’s reckless, ridiculous, and almost childish tariffs."
Will Trump's Tariffs on Other Countries End?
If the Supreme Court rules against Trump, then it may be that some tariffs are reversed or restricted. If they do not, then tariffs will likely be decided on at the whim of the president and his team, at least for the next three years.
This story contains reporting by The Associated Press.
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