The U.S. Supreme Court will expedite the review of the Trump tariff case

The U.S. Supreme Court has decided to hear an appeal from the Trump administration regarding a lower court ruling and has agreed to expedite the proceedings in this significant trade dispute.

On September 9, media reports indicated that the U.S. Supreme Court will hear oral arguments in the first week of November, and the final ruling in this case will have far-reaching implications for the legal framework of U.S. trade policy.

According to CCTV News, on August 29 local time, the U.S. Court of Appeals ruled that most of the global tariff policies implemented by President Trump are illegal. The court stated that the International Emergency Economic Powers Act does not explicitly grant the President the authority to impose tariffs, and Trump's invocation of this law to impose tariffs exceeded his authority.

Wall Street Journal previously mentioned that despite being ruled invalid, these tariffs will remain in effect until October 14 to allow the Supreme Court time to review the case.

Analysts believe that the previous appellate court ruling did not affect the Trump administration's ability to impose tariffs under other laws, particularly the Section 232 tariffs imposed under the Trade Expansion Act of 1962.

This means that as the so-called "reciprocal tariffs" face the risk of being overturned by the Supreme Court, the Trump administration may simultaneously expand the scope of Section 232 tariffs to ensure the continuation of its trade agenda.

Section 232 as the Government's "Backup Weapon"

Unlike the so-called "reciprocal tariffs," another "national security tariff" from the Trump administration has a more solid legal foundation.

The U.S. national security tariffs are tariffs targeting specific industries, implemented under Section 232 of the Trade Expansion Act of 1962.

As a more mature and enduring separate law, Section 232 authorizes the President to take trade restriction measures, including tariffs, when an investigation determines that imported products threaten national security.

Augustine Lo, a partner at Dorsey & Whitney law firm specializing in trade law, stated:

Section 232 is a proven reliable method, and historically, courts have granted the President considerable discretion in national security investigations and the implementation of remedies.

Reports indicate that the Trump administration views these industry tariffs as an "insurance policy" against judicial setbacks.

As the so-called "reciprocal tariffs" face the risk of being overturned by the Supreme Court, the Trump administration may simultaneously expand the scope of Section 232 tariffs.