Supreme Court won't decide whether to take up Trump's tariffs before summer recess
The Supreme Court on Friday refused two small businesses' request to announce before the court's upcoming summer recess if it will take up their challenge to President Trump's emergency tariffs.
Stressing the tariffs' sweeping impacts on the economy, the businesses are asking the justices to take up their challenge now rather than let it proceed through the lower courts in normal course.
The justices have yet to decide whether they will do so. But in a brief order Friday, they refused the businesses' additional ask to expedite consideration so an announcement can be made before the summer recess, now just days away.
That demand for speed was aimed at having the Supreme Court hear oral arguments as soon as September in the case, which concerns whether Trump can invoke an emergency law to justify his reciprocal 'Liberation Day' tariffs and others imposed on China, Canada and Mexico.
By denying the request to expedite, the justices sided with the Trump administration in the procedural fight. The administration had told the court expediting 'makes little sense' and signaled it should wait for another case challenging Trump's tariffs, which is working its way through a separate appeals court.
'Once that Federal Circuit issues its decision, this Court would likely have an opportunity to determine whether to grant certiorari — and, if so, to hear the case during the October 2025 Term. That case would be a better vehicle than this one for resolving the question presented,' Solicitor General D. John Sauer wrote in court filings.
The non-expedited schedule provides Sauer until mid-July to file the government's court papers formally asking the justices to turn away the current case. The businesses, Learning Resources and hand2mind, and their attorneys at law firm Akin will then have up to two weeks to file a reply brief.
However, the justices generally hold petitions that become fully briefed over the summer until the start of the Supreme Court's next annual term in October.
The government in its opposition reminded the justices they 'could release an order granting certiorari during the summer.'
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