Advancing American Freedom and 9 other amici filed an amicus brief with the Supreme Court urging it to take up the tariff case and rule for the small businesses that are challenging them. On Friday, August 29, the Federal Circuit Court of Appeals ruled 7-4 that President Trump’s tariffs exceed the power granted to him by the International Emergency Economic Powers Act (IEEPA). Less than a week later, the government asked the Supreme Court to hear the case. AAF’s brief agrees the Supreme Court should take up this case and rule quickly, though for reasons opposite those motivating the administration. The Court must hear the case and reestablish the separation of powers created by our Constitution.
“America’s Founders believed that the Constitution’s distribution of government powers among three separate branches was the only way to secure the liberty of the people. For a century, progressives have worked to move more and more power to the Executive Branch and away from the people’s representatives in Congress,” said AAF General Counsel J. Marc Wheat. “This case is a crucial tipping point for our constitutional system of government. The Supreme Court must hear the case and must ensure that Congress, not the President, controls the federal government’s taxing power.”