President Donald Trump has sent a message to his lawyers as his sweeping tariffs face a challenge in the courts.
On Thursday, the 11 judges on the U.S. Court of Appeals for the Federal Circuit in Washington are scheduled to hear oral arguments in a case brought by states and businesses that want his import taxes struck down.
“To all of my great lawyers who have fought so hard to save our Country, good luck in America’s big case today,” Trump wrote on his Truth Social platform early Thursday.
“If our Country was not able to protect itself by using TARIFFS AGAINST TARIFFS, WE WOULD BE ‘DEAD,’ WITH NO CHANCE OF SURVIVAL OR SUCCESS. Thank you for your attention to this matter!”
The White House declined to provide any further comment when contacted by Newsweek.
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Why It Matters
The arguments mark the first test before a U.S. appeals court of the scope of Trump’s tariff authority. They come a day before Trump plans to increase tariff rates on countries that have not struck trade agreements with the United States.
The Trump administration has said they view tariffs as a tool to bring manufacturing back to the United States, protect American industries, and raise revenue to pay for the tax cuts in the “One Big Beautiful Bill”.
The states and businesses challenging Trump’s tariffs argue they are not permissible under the emergency power laws that Trump cited to justify them. They say the U.S. Constitution gives the power to impose taxes—including tariffs—to Congress, not the president.
What To Know
At issue in the case is Trump’s use of the 1977 International Emergency Economic Powers Act (IEEPA) to impose sweeping tariffs without seeking congressional approval or conducting investigations first. The law gives presidents broad power to impose economic sanctions during national emergencies, but Trump is the first president to use it to impose tariffs.
He cited the illegal flow of drugs and immigrants across the U.S. border to slap tariffs on Canada, China and Mexico in February. Then on April 2—”Liberation Day”— he invoked IEEPA to announce ‘reciprocal’ tariffs of up to 50 percent on countries with which the United States ran trade deficits and a 10 percent “baseline” tariff on almost everybody else. The emergency he cited was America’s long-running trade deficit. Trump suspended the reciprocal tariffs after the announcement roiled financial markets, but they could be imposed again on Friday on trading partners that have not reached trade agreements with the U.S.
In May, a three-judge panel of the U.S. Court of International Trade sided with the states and businesses that challenged Trump, ruling that Trump’s Liberation Day tariffs “exceed any authority granted to the President” under IEEPA. In the case of the tariffs on Canada, China and Mexico, the trade court ruled that the tariffs did not meet IEEPA’s requirement that they “deal with” the problem they were supposed to address.
The Trump administration appealed the court’s ruling, and the Federal Circuit has allowed the tariffs to remain in place while it considers the appeal.
What People Are Saying
Trump wrote on Truth Social early Thursday: “Tariffs are making America GREAT & RICH Again. They were successfully used against the USA for decades and, coupled with really dumb, pathetic, and crooked politicians, we’re having a devastating impact on the future, and even the survival, of our country. Now the tide has completely turned, and America has successfully countered this onslaught of Tariffs used against it.”
Jeffrey Schwab, senior counsel and director of litigation at Liberty Justice Center, which filed the suit on behalf of the small businesses, said in a statement to Newsweek: “We are proud to represent our five small business clients, who like many businesses across the country are hurt by the President’s unilateral imposition of tariffs. This case at its core is a separation of powers lawsuit. We respectfully urge the Federal Circuit Court of Appeals to affirm the decision of the Court of International Trade in finding that the Liberation Day tariffs exceed the scope of the President’s power.”
Neal Katyal, a prominent appellate lawyer representing the small businesses, wrote on X: “Honored to be arguing the tariffs case against President Trump’s Executive Order later this week in a rare en banc proceeding. Grateful to an incredible legal team, which has been getting me ready.”
What’s Next
The arguments are scheduled to begin at 10 a.m. ET.
It’s not clear when a decision will come, but the losing side will likely appeal to the U.S. Supreme Court.
This article includes reporting from The Associated Press.
