Will Trump’s Tariffs Be Ruled Illegal? US Supreme Court Sets Urgent Hearing In November

Last Updated:September 10, 2025, 04:55 IST

The US Supreme Court consolidated two separate lawsuits challenging the tariffs.

At the center of the case are “reciprocal tariffs” introduced by Trump on April 2

The US Supreme Court on Tuesday granted President Donald Trump’s request to fast-track a high-stakes appeal over the legality of tariffs imposed during his administration, according to a report by AFP.

The decision marks a significant development in a legal battle that could ultimately impact hundreds of billions of dollars in government revenue. The court agreed to hear oral arguments in the first week of November and has allotted one hour for the session. Notably, the case will proceed on an expedited timeline, a rare move underscoring its national importance. In the meantime, the tariffs will remain in place while the court hears the case.

At the centre of the case are “reciprocal tariffs" introduced by Trump on April 2, which include a 10% baseline tariff on imports from various countries, with some duties climbing as high as 50%, targeting imports from Brazil. In addition, the administration implemented 25% tariffs on selected imports from Canada, China, and Mexico, citing those countries’ alleged failure to curb the flow of fentanyl into the US.

The Supreme Court consolidated two separate lawsuits challenging the tariffs. The plaintiffs include seven small businesses and a coalition of twelve US states, all of whom argue that the tariffs exceed presidential authority and are thus unconstitutional, reported CNBC.

In a significant blow to Trump’s trade policies, the US Court of Appeals for the Federal Circuit ruled on August 29 that the president had overstepped his executive powers. The court found that Trump had bypassed Congress in imposing sweeping, indefinite tariffs on a global scale under the guise of national emergency provisions.

The appellate ruling upheld a prior decision by the Court of International Trade, which concluded that while presidents can regulate imports during emergencies, they cannot unilaterally impose broad, open-ended tariffs without congressional approval.

The Trump administration warned that a delay in ruling could force the Treasury Department to refund between $750 billion and $1 trillion in previously collected tariffs if the duties are ultimately found to be illegal.

According to the Tax Foundation, only about 16% of total US imports would be affected by a ruling invalidating the specific tariffs challenged in the current cases.

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