DiabloWags said:
SCOTUS announced early this afternoon that they will FAST TRACK a challenge to the legality of Trump's tariffs.
SCOTUS said they will hear arguments in early November, which is an unusually aggressive schedule.
A decision striking down the levies would cut the current average effective tariff rate of 16.3% in half and would force BILLIONS of DOLLARS to be refunded by the U.S.
This is breaking news as of 1:50 PM Pacific.
The general thinking at least with this NPR article is that the court could strike down some, all or none of the tariffs, and could force refunds or force business to sue separately for their refunds, when applicable. Moreover,, to the degree SCOTUS does shoot certain tariffs down, Trump will be able to achieve tariffs by other means, such as though tariffs on specific industries. if you believe the experts, then this case really is about refunding already existing tariffs.
The Supreme Court said on Tuesday that it will examine whether President Trump acted lawfully when he used emergency powers to apply sweeping tariffs to a
broad range of countries, a centerpiece of his economic agenda.
Earlier this year, a federal trade court and a federal appeals court found that some of Trump's tariffs violated the law. The
White House appealed to the Supreme Court, and now the high court has agreed to examine theappeal.
The court said it would hold arguments in the first week of November.
Which tariffs are at issue?This case is about tariffs imposed using emergency powers under a law called the
International Emergency Economic Powers Act, or IEEPA. That law gives the president a range of economic powers, including over imports and exports, "to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat."
What could the court decide?The court could find that IEEPA authorizes these tariffs in which case, they could stay in place, and Trump could keep using IEEPA to impose more tariffs. Or, the court could find that the tariffs are entirely unlawful, and end them. But there are a range of other possibilities. It could rule that some of Trump's tariffs are legal and some are illegal. Or it could more specifically determine what types of tariffs if any are permitted under IEEPA.
"The Supreme Court could say these particular type of tariffs are not permitted, but other IEEPA tariffs are permitted," said Kathleen Claussen, professor of law at Georgetown University. "So there's a question of scope here."
What happens if the court finds the tariffs are unlawful?Experts say Trump could find other ways to use tariffs. "He wouldn't be able to replicate the broad across-the-board nature of the tariffs that he's imposed," said Doug Irwin, professor of economics at Dartmouth College. "But he would be able to hit a lot of different countries and hit a lot of industries with tariffs using different parts of the tariff code."
For example, the Section 232 tariffs on particular goods would remain in place, and there are other laws Trump could use. Not all of those laws would allow Trump to impose tariffs as quickly or as broadly as he has done under IEEPA, however. Some limit how high tariffs can be, or how long they can be imposed.
What would happen to the tariff revenue already collected?The Trump administration has
collected billions of dollars in IEEPA tariffs, raising the question of whether that money would have to be returned if the tariffs are ruled unlawful.
Trump's tariff revenue has skyrocketed. But how big is it, really? If the court addresses the issue of refunds, it's not clear how narrow or broad its remedy might be, according to Claussen. For example, they might only address refunds for the handful of businesses involved in this case. In that case, it's possible other businesses would have to go through their own legal processes to get refunds, which could be logistically difficult, given the volume of money and businesses involved.
Treasury Secretary Scott Bessent has said that the government
would pay back tariff money if the court orders it to do so