In a significant legal development, a recent appellate court ruling deemed President Trump’s extensive tariff regime unconstitutional. The administration is now taking steps to appeal this ruling to the Supreme Court. This move aligns with expectations, particularly since the Fourth Circuit has allowed the tariffs to remain in effect until mid-October, providing President Trump the necessary time to pursue this appeal.
Reacting to the appellate court’s loss, Donald Trump expressed his concerns in a dramatic post on social media, asserting, “If allowed to stand, this Decision would literally destroy the United States of America.” In contrast, Solicitor General D. John Sauer took a more restrained tone in the appeal submitted last week, stating, “That decision casts a pall of uncertainty upon ongoing foreign negotiations that the President has been pursuing through tariffs over the past five months, jeopardizing both already negotiated framework deals and ongoing negotiations. The stakes in this case could not be higher.”
The Trump administration is now intensifying its efforts regarding the tariffs, with Treasury Secretary Scott Bessent making an appearance on NBC’s Meet the Press this weekend to advocate for the administration’s position to the High Court. “I am confident that we will win at the Supreme Court,” Bessent asserted. Given the Court’s previous favorable rulings towards the administration, his confidence appears justified. Nonetheless, Bessent emphasized potential consequences, stating, “But there are numerous other avenues that we can take. They diminish President Trump’s negotiating position.”
Additionally, Bessent highlighted the financial repercussions of adhering to the Constitution, saying, “We would have to give a refund on about half the tariffs, which would be terrible for the Treasury.” His comments underscore the administration’s focus on the economic implications of the court’s decision.
“If the court says it, we’d have to do it,” Bessent continued, acknowledging the potential necessity to comply with the Supreme Court’s ruling.
At least it seems he is committed to following the Supreme Court’s ruling, indicating a step towards accountability.
Watch the full interview below.
Kathryn Rubino serves as a Senior Editor at Above the Law, hosts The Jabot podcast, and co-hosts Thinking Like A Lawyer. She welcomes tips from AtL readers, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or on Mastodon @Kathryn1@mastodon.social.
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