Trump’s pricing power enters barrels to the Supreme Court

A fight against the Federal Court against the authority of President Donald Trump to unilaterally impose radical prices on American trade partners should be on appeal to the Supreme Court for examination, legal experts said in Fox News Digital, in a case that has already proven to be a pivot test of the branch authority.

The question in question in the case is Trump’s ability to use an emergency law of 1977 to unilaterally slam abrupt import rights on a long list of countries doing business with the United States

In the interviews with Fox News Digital, the longtime lawyers and lawyers who argued on behalf of the complainants before the court said last week that they expected the decision of the United States Court of Appeal for the federal circuit in a question of “weeks”, or from September – in accordance with the agreement of the court to hear the case on a “shipped” basis.

The accelerated calendar reflects the important question in court: if Trump has exceeded his authority under the International Economic Powers (IEEPA) when he launched his radical rates of “Liberation Day”.

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President Donald Trump, alongside the secretary of the Treasury Scott Bessent, then the candidate for the trade candidate, Howard Lunick, talks about the press in the Oval Blank Office on February 3, 2025. (Jim Watson / AFP via Getty Images)

Above all, this moment would always allow the Supreme Court to add the case to its file for the quarter 2025-2026, which begins in early October. This could allow them to reign over the issue at the end of the year.

Officials of the Trump administration and the lawyers of the complainants declared that they were planning to appeal the case before the Supreme Court if the lower court does not govern in their favor. And given the questions at the heart of the case, it is largely planned that the High Court will take over the case for examination.

Meanwhile, the impact of Trump’s prices remains to be seen.

Legal experts and trade analysts have said that last week’s hearing does not concern the broader uncertainty of the market created by Trump prices, which remain in force after the Court of Appeal agreed to maintain a lower court decision of the American Court of International Trade.

The judges of the panel of three judges CIT in May blocked the use by Trump of the ieepa to resolve his prices, judging unanimously that he did not have “unlimited authority” to impose prices under this law.

Thursday’s argument gave little indication of how the Court of Appeal governed, complainants and long -standing lawyers have told Fox News Digital, citing the difficult questions that the 11 judges of the panel asked both parties.

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President Donald Trump pronounces remarks on the prices in the Garden Pink of the White House, on April 2, 2025. (Photo Reuters / Carlos Barria / File)

Dan Pickard, a lawyer specializing in international trade and national security problems of the firm Buchanan Ingersoll & Royy, said that oral arguments did not seem indicative of the way the panel of 11 judges could reign.

“I do not know if I got out of this hearing thinking that the government will prevail, that it died on arrival,” Pickard told Fox News Digital. “I think it was more mixed.”

The lawyers of the complainants echo this evaluation – the reflection of the 11 judges on the appeal bench, which was less likely to speak or question the government or the complainants during the 45 minutes each had to present their case.

“I want to be very clear that I am in no way, the form or the form, predicting what the federal circuit will do – I leave that for them,” a lawyer for the complainants told the court after the court, adding that the judges, in his opinion, asked “really difficult questions” for both parties.

The Attorney General of Oregon, Dan Rayfield, who helped represent the 12 states pursuing the plan, told Fox News Digital that they were “optimistic” according to which, on the basis of the oral arguments, they would see at least a partial victory in the case, although he also underlined the decision and the deadline is responsible for uncertainty.

In the meantime, the White House took front with the promulgation of Trump’s prices as planned.

Pickard, who pleaded many cases before the International Commerce Court and the American Court of Appeal for the Federal Circuit, noted that oral arguments are not necessarily the best barometer to assess the next stages of the court – something that the lawyers of the complainants also stressed after the hearing.

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The Attorney General Pam Bondi speaks alongside President Trump at the White House after the Supreme Court judged that the judges cannot issue injunctions nationwide. (Joe Raedle / Getty Images)

Even if the High Court prevents the Trump administration from using the IEEPA, they have a range of other commercial tools at their disposal, commercial lawyers told Fox News.

The Trump Administration “has more emphasis on commercial issues than almost any other administration in my professional life,” said Pickard.

“And suppose, even for the good of the argument, just hypothetically, that the Supreme Court says that this use of the IEEPA has exceeded your statutory authority. The Trump administration will not say, as” very well, well, we are finished. I guess we are just going to abandon any trade policy. “”

“There will be additional (commercial) tools that have been in the long tool box that can be removed and dusted,” he said. “There are many other judicial authorities for the president.

“I don’t think we see the end of these problems anytime soon – it will continue to fight in the courts for a while.”

Pickard and Rayfield told Fox News Digital in separate interviews that they expect that the court of appeal will settle in the weeks, not the days.

The hearing intervened after Trump on April 2 announced a reference rate of 10% on all countries, as well as higher reciprocal prices targeting certain nations, including China. The measures, he said, aimed to treat commercial imbalances, to reduce deficits with key business partners and to stimulate national manufacturing and production.

Before last week’s oral arguments, US prosecutor Pam Bondi said that lawyers of the administration would continue to defend the president’s sales program before the court.

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The lawyers of the Ministry of Justice “go to court to defend the prices (of Trump),” she said, describing them as “transforming the global economy, protecting our national security and approaching the consequences of our explosive trade deficit”.

“We will continue to defend the president,” she promised.