US President Donald Trump will not attend a Supreme Court hearing on Wednesday, November 5, that could decide the legality of his sweeping global tariffs, Reuters reported.
The hearing marks the start of what could be the biggest battle yet in Trump’s trade war, as the Supreme Court considers whether his use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs was constitutional.
The tariffs were contested by various businesses and 12 US states. They argue that Trump has exceeded his constitutional authority, noting that the power to levy taxes and tariffs has traditionally rested with Congress.
Three lower courts have already ruled against the administration, finding that the IEEPA does not expressly grant the president authority to impose tariffs.
US President Donald Trump has confirmed that he will not attend the hearing
Donald Trump said Sunday he would not attend the case’s oral arguments, despite expressing a strong desire to be there. The reason for his non-participation is to avoid interference during the meeting.
“I really wanted to go,” Trump said as he flew back to Washington after a weekend in Florida. “I don’t want to do anything to distract from the importance of this decision. … I don’t want to draw a lot of attention to myself. It’s not about me, it’s about our country,” Reuters quoted him as saying.
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Trump has argued that the administration is using tariffs to equalize global trade flows, citing years of high tariffs charged by other countries on American imports. He claimed his tariffs boosted US incomes and drove stock markets to a series of record highs.
Massive stakes
The Supreme Court’s decision has significant economic and political implications. If the justices agree with the challengers that the tariffs are illegal, then the Trump administration’s trade strategy would be altered, including the sweeping global tariffs he first announced in April.
Not only that, the government would also likely have to pay back some of the billions of dollars it collected through tariffs. Wells Fargo analysts estimate that around $90 billion worth of import taxes have already been paid, roughly half of the total duties collected by the United States this year through September, the BBC reported.
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After hearing arguments on Wednesday, the Supreme Court will have until June to rule on the merits of the case after a rigorous process of arguments and discussions. Then there will be a vote. However, most expect a verdict by January.
Trump officials have also warned that the total revenue collected from the tariffs could rise to as much as $1 trillion if the trial continues through June.
what’s next
After weighing its options, the White House said that if it loses the case, it will impose the tariffs through alternative legal means, such as a law that allows the president to impose tariffs of up to 15% for 150 days.
Even then, businesses would get some relief because those other ways would require steps like issuing formal notices, which take time and discretion, business lawyer Ted Murphy of Sidley Austin told the BBC.
“It’s not just about the money,” he said. “The president announced the tariffs on Sunday, which will go into effect on Wednesday, without any prior notice, without any real process.”
It is still unclear how the Supreme Court might rule on this case while the whole world is watching closely.
