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US Supreme Court Again Doesn't Rule on Trump Tariffs as Wait Continues

A decision against Trump could also open the way for more than $130 billion in refunds.

US Supreme Court Again Doesn't Rule on Trump Tariffs as Wait Continues
The US Supreme Court in Washington.
Photographer: Kent Nishimura/Bloomberg

The US Supreme Court didn't rule on President Donald Trump's tariffs Tuesday, meaning it probably will be at least another month before a challenge to his signature economic policy is resolved.

The court is preparing to begin a four-week recess, and under its usual procedures for releasing opinions, the next potential day for a tariff decision is Feb. 20.  

Arguments on Nov. 5 suggested a majority of justices were skeptical that Trump had authority to impose the tariffs under a 1977 law that gives the president special powers during emergency situations. The court's expedited handling of the case had raised hopes among opponents for a fast ruling against Trump.

A ruling against Trump on tariffs would deliver his biggest legal defeat since returning to the White House. At issue are Trump's April 2 “Liberation Day” tariffs, which placed levies of 10-50% on most imports, along with duties imposed on Canada, Mexico and China in the name of addressing fentanyl trafficking. 

A decision against Trump could also open the way for more than $130 billion in refunds. It could also undercut his threat to impose more tariffs on European countries that are resisting his attempt to take over Greenland. Trump hasn't said what legal authority he would try to use to impose those duties.

The high court's practice is to issue opinions in argued cases from the bench. Although the justices will be hearing arguments Wednesday on Trump's effort to oust Federal Reserve Governor Lisa Cook, the court isn't scheduled to release opinions. After Wednesday, the justices don't have another formal session scheduled until Feb. 20.

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