President Donald Trump is preparing to fight for a one -sided customs office to the US Supreme Court after suffering defeats in the lower courts. His legal team asks the judge to overturn a decision that blocked its use of the National Security Act of the 1970s to impose obligations on foreign goods.
On Wednesday, Trump asked the Supreme Court to quickly examine the US Court of Appeal for the Federal District Decision that the International Act on Emergency Economic Power (IEEPAs) does not grant presidents to set tariffs.
In decision 7-4, the court stated that the law provides significant emergency powers, but “none of these expressly involves the power to impose tariffs, obligations or authority to tax.”
The White House examines alternatives
Although the legal battle proceeds forward, Trump Aides quietly explored other methods to maintain tariffs in place. The head of the White House and the two people who are familiar with internal discussions, said NBC News that the emergency plans have been considering for several months and expect possible judicial obstacles.
“Even if the Supreme Court will reduce Trump, it will be ready to proceed with other tariff options,” one of the sources said.
Navarro’s Push and Trade delay
According to officials familiar with dynamics, he promoted the original legal strategy of the main business advisor Peter Navarr. Trump’s inability to promote tariffs as widely and quickly as he wanted, slowed negotiations with foreign governments.
“The whole thing is intertwined together,” the person near the White House working on business issues said. “It is incredibly difficult for negotiators to attach some of these agreements.”
Section 232 and Section 301 V focus
If the Supreme Court observes the decision of the Court of Appeal, Trump could still rely on other laws where Congress delegated tariff powers of the president.
Section 232 of the 1962 Trade Expanding Act allows the President to increase his obligations if imports are considered to be the threat of national security. Many Trump tariffs on steel, aluminum and cars are already in this status.
Section 301 of the 1974 Commercial Act allows the US sales representative to explore trade disputes and allow the presidential action, although its scope in the current context remains unclear.
Yet even the law does not provide a type of sweeping the “wave of hand” Trump, which sought to IEEP.
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