US Supreme Court Set to Review 'Trump Tariffs' as Sectors Urge Ruling of Illegality

U.S. Chamber of Commerce:
"Irreparable Harm Inflicted on Both Large and Small Businesses"

As the United States Supreme Court prepares to review the legality of the reciprocal tariffs imposed by President Donald Trump on countries around the world, businesses and academia are submitting opinions urging the Court to rule the tariffs unlawful.

The United States Supreme Court in Washington, D.C. Photo by AP Yonhap News

According to the Financial Times on November 3 (local time), nearly 40 amicus briefs criticizing the legitimacy of President Trump's reciprocal tariffs-imposed under the International Emergency Economic Powers Act (IEEPA)-have been filed with the Supreme Court ahead of oral arguments scheduled for November 5. Notably, the U.S. Chamber of Commerce, the largest private economic organization in the country, stated in its brief, "The irreparable harm already suffered by both large and small American businesses clearly demonstrates the massive economic impact caused by President Trump’s tariff policy."

U.S. think tanks such as the Cato Institute and the Goldwater Institute, law professors, former judges, current lawmakers, and former officials from both Democratic and Republican administrations have also submitted briefs urging the Court to rein in President Trump's tariffs. In contrast, the Financial Times reported that as of last week, fewer than ten briefs had been filed in support of Trump’s policy.

Previously, the United States Court of International Trade (USCIT) and the U.S. Court of Appeals for the District of Columbia Circuit, which reviewed the case in the first and second instances, both ruled that President Trump’s tariffs based on the IEEPA were unlawful. The lower courts found that while the IEEPA grants the president the authority to regulate imports, it does not extend to a broad authority to impose tariffs.

Some observers predict that regardless of the Supreme Court’s decision, President Trump’s "tariff war" will continue. They point out that alternative legal tools, such as the Trade Act, could be used in place of the IEEPA. Kathleen Claussen, a law professor at Georgetown University, commented, "Whatever the courts say, President Trump will maintain the tariffs," adding, "This does not mean President Trump is ignoring the courts, but rather that he has many other means at his disposal to impose tariffs."