Trump's steel tariffs initiative to likely be appealed at the Supreme Court
President Donald Trump and his administration have already had to fight back against the activist side of the federal judiciary on his immigration policies, but that's not the only battle the administration has to wage.
According to Fox News, President Trump's tariff initiatives has also been hamstrung at the federal court level and is expected to ultimately be appealed to the U.S. Supreme Court, much like most of the other decisions and rulings handed down by mostly Democrat-appointed federal judges.
The primary issue is "a 1977 emergency law to unilaterally slap steep import duties on a long list of countries doing business with the U.S," the outlet reported.
Trade lawyers and other experts believe a ruling on the matter will come via the U.S. Court of Appeals for the Federal Circuit in a matter of "weeks."
What's going on?
The question, experts say, is whether or not President Trump and his "liberation day" tariff strategy exceeded his executive powers "under the International Emergency Economic Powers Act (IEEPA)."
The timing is crucial, as the appeals court ruling could come just in time for the Supreme Court appeal to happen before the end of the year.
Both sides have stated that they intend to appeal the federal appeals court decision to the high court should a ruling not go their way, setting up a potential major Supreme Court battle and perhaps one of the biggest tests of Trump's executive power.
It's widely expected, according to experts, that the case will ultimately be taken up by the Supreme Court, especially given the gravity of the economic concerns.
Fox News noted:
Legal experts and trade analysts alike said last week's hearing is unlikely to forestall the broader market uncertainty created by Trump's tariffs, which remain in force after the appeals court agreed to stay a lower court decision from the U.S. Court of International Trade.
A ruling in May by a three-judge CIT panel blocked the president's ability to use the International Emergency Economic Powers Act to impose the tariffs.
What might happen?
Dan Pickard, an attorney specializing in international trade and national security issues at the firm Buchanan Ingersoll & Rooney, commented on the matter and where he thinks it's going.
"I don't know if I walked out of that hearing thinking that either the government is going to prevail, or that this is dead on arrival," Pickard told Fox News Digital. "I think it was more mixed."
It'll be interesting to see what happens with the federal appeals decision and ultimately the Supreme Court's thoughts.
Whatever the outcome, it'll be game-changing for Trump and, of course, future presidents.