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The struggle over President Donald Trump’s authority to unilaterally impose broad tariffs on legal experts on U.S. trading partners is expected to be appealed to the Supreme Court for review.
The issue with the incident is Trump’s ability to use the 1977 emergency law to unilaterally slam the sudden import duties on a long list of countries operating with the United States.
In an interview with Fox News Digital, the longtime trade lawyers and lawyers who claimed on behalf of the plaintiffs last week in court said they expect a ruling from the Federal Circuit Court of Appeals in the “week” or September, in line with the court’s agreement to hear the case under “Expedited.”
The fast track timeline reflects important issues before the court. Whether Trump surpassed his authority under the International Emergency Economic Force Act (IEEPA) comes when he launched a drastic “liberation date” tariff.
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President Donald Trump, along with Treasury Secretary Scott Bescent and then commerce candidate Howard Lutnick, will speak to the press in his White House oval office on February 3, 2025.
Importantly, the timing will allow the Supreme Court to add cases to the docket for its 2025-2026 term of office, which begins in early October. That will allow them to control the issue as early as the end of the year.
Both Trump administration officials and lawyers for plaintiffs said they plan to appeal the case to the Supreme Court if the lower courts do not control their support. And given the questions at the heart of the case, there is a widespread expectation that the High Court will file a lawsuit for review.
In the meantime, there has been no sign of any impact from Trump’s tariffs.
Legal experts and trade analysts said last week’s hearing would likely be prevented beforehand the wider market uncertainty caused by Trump’s tariffs, which remained effective after the appeals court agreed to maintain a lower court decision from the U.S. International Trade Court.
A judge on the three-judice CIT panel in May unanimously ruled that Trump had no “unlimited authority” to block the use of Yepa to set up his tariffs and to impose tariffs under the law.
Thursday’s argument gave little indication of how the Court of Appeals control, the plaintiff and longtime trade lawyer told Fox News Digital.
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President Donald Trump will make a tariff comment at the Rose Garden in the White House on April 2, 2025 (Reuters/Carlos Barrier/File Photo)
Dan Pickard, an attorney specializing in international trade and national security issues at Buchanan Ingersoll & Rooney, said the oral debate on Thursday did not appear to show how the 11-person review board would control.
“I don’t know if the government will win or if this came out of that hearing, thinking it was dead on arrival,” Picard told Fox News Digital. “I think it was more mixed.”
The plaintiff’s lawyers repeated the assessment – the reflection of the 11 judges on the appeal bench is unlikely to speak up or question the government or plaintiff in 45 minutes each.
“I want to make it very clear that I have never been in shape or shape that the Federal Circuit hasn’t predicted what it will do, and I will leave it for them,” one plaintiff’s lawyer told reporters after the court, adding that, in his view, the judge raised “really difficult questions” to both parties.
Oregon Attorney General Dan Rayfield, on behalf of 12 states in sue of the plan, told Fox News Digital that he is aiming for at least partial victory in the case based on verbal arguments, but he also highlighted the ruling, saying the time frame is uncertain.
In the interim, the White House moved forward by enacting Trump tariffs as planned.
Picard, who argued many cases before the International Trade Court and the U.S. Court of Appeals for the Federal Circuit, noted that oral arguments are not necessarily the best barometer to measure the next step in the court.
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Attorney General Pam Bondy speaks with President Trump at the White House after the Supreme Court ruled that the judge could not issue a nationwide injunction. (Joe Raedle/Getty Images)
Even if the High Court blocks the Trump administration from using Ieepa, they still have other trade tools at their disposal, trade lawyers told Fox News.
The Trump administration “focuses more on trade than most other administrations in my professional life,” Picard said.
“And even for discussion, let’s assume that simply hypothetical, the Supreme Court is saying that this use of Yepa has surpassed your statutory authority. The Trump administration said, “It’s okay, well, we’re done.”
“There’s an addition [trade] Tools that have been in the toolbox for a long time can be removed and discarded.
“I don’t think we’re ending these issues anytime soon. This will continue to fight in court for a while.”
Both Pickard and Rayfield told Fox News Digital in separate interviews that they hope the Court of Appeals will take control within weeks rather than days.
The hearing announced mutual tariffs targeting luxury countries, including China, after Trump announced a 10% baseline tariff in all countries on April 2nd. He said the measure aims to address trade imbalances, reduce deficits with key trading partners, and boost domestic production and production.
Prior to last week’s oral argument, U.S. Attorney General Pam Bondy said the administration’s lawyers will continue to defend the president’s trade agenda in court.
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“I’m going to court to defend myself,” said the Justice Department’s lawyer. [Trump’s] She said tariffs are “dealing with the global economy, protecting national security and dealing with the consequences of an explosive trade deficit.”
“We will continue to protect the President,” she vowed.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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