Trump Tariff Appeals: Supreme Court Hearing Sought – WSJ
- On August 30, 2023, the Trump administration petitioned the United States Supreme Court to review rulings by the Court of International Trade (CIT) and the U.S.
- The initial tariffs,implemented in 2018,were justified by the Trump administration as necessary to protect national security by bolstering the U.S.
- The legal challenges centered on whether the Trump administration properly invoked Section 232 of the Trade Expansion Act.this section allows the President to impose tariffs or other trade...
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Trump Administration‘s Push to Supreme Court on Tariff Appeals: A Deep Dive
Table of Contents
Updated September 4, 2025, at 05:53:54 AM PDT
What Happened?
On August 30, 2023, the Trump administration petitioned the United States Supreme Court to review rulings by the Court of International Trade (CIT) and the U.S. Court of Appeals for the Federal Circuit concerning challenges to tariffs imposed on steel and aluminum imports during the Trump presidency. According to a report by Reuters, the administration is seeking to reinstate the tariffs and defend its authority to impose them under section 232 of the Trade Expansion Act of 1962.
The initial tariffs,implemented in 2018,were justified by the Trump administration as necessary to protect national security by bolstering the U.S. steel and aluminum industries. Though, numerous countries and domestic companies challenged the tariffs, arguing they were protectionist measures violating international trade agreements and U.S. law.
The Legal Challenge and Lower Court Rulings
The legal challenges centered on whether the Trump administration properly invoked Section 232 of the Trade Expansion Act.this section allows the President to impose tariffs or other trade restrictions if the Secretary of Commerce determines that imports threaten to impair national security. Plaintiffs argued the administration’s justification lacked a sufficient connection to genuine national security concerns.
The Court of International Trade (CIT) ruled against the administration in December 2022, finding that the Section 232 investigations were flawed and lacked sufficient evidence to support the national security justification. Citizen.org provides a summary of the CIT ruling. The U.S. Court of Appeals for the Federal Circuit affirmed the CIT’s decision in August 2023, further solidifying the lower courts’ rejection of the administration’s legal basis for the tariffs.
Specifically, the Federal Circuit found that the commerce Department’s examination did not adequately analyze the impact of the tariffs on the national security interests of the United States. The court criticized the investigation’s focus on the economic health of the steel and aluminum industries, rather than a direct link to military preparedness or other core national security concerns.
Section 232: A Ancient Overview
Section 232 of the Trade Expansion Act of 1962 has been invoked relatively infrequently throughout its history. Prior to the Trump administration, it was primarily used for limited, targeted trade restrictions. The Trump administration’s broad submission of Section 232 to steel and aluminum imports marked a significant departure from past practice.
| Year | President | Section 232 Action | Commodity |
|---|---|---|---|
| 1962 | Kennedy | Import restrictions | Crude Oil |
| 1980s | Reagan | Voluntary Export restraints | Automobiles |
| 2018 | Trump | Tariffs | Steel & Aluminum |