President Donald Trump called the tariff cases set to go before the Supreme Court on Wednesday “a matter of life or death for our country.”
Trump made the comments in a post on Truth Social ahead of oral arguments in two cases that challenge whether the president exceeded his authority under federal law with many of his tariffs.
“Tomorrow’s United States Supreme Court case is, literally, LIFE OR DEATH for our Country. With a Victory, we have tremendous, but fair, Financial and National Security. Without it, we are virtually defenseless against other Countries who have, for years, taken advantage of us,” Trump said in the post.
In Learning Resources, Inc. v. Trump, the Supreme Court must rule whether the International Emergency Economic Powers Act (IEEPA) authorizes a president to impose sweeping tariffs on imports simply by declaring a national emergency.
In V.O.S. Selections, Inc. v. United States, the issue is whether the IEEPA permits the president to impose tariffs of broad scope, indefinite duration and large scale, especially when Congress has not specifically authorized such tariff policy.
A ruling against Trump could shake the foundation of his trade policy, which has driven major concessions from countries such as China, Japan, and the European Union while helping offset U.S. deficits through increased customs receipts.
“Our Stock Market is consistently hitting Record Highs, and our Country has never been more respected than it is right now. A big part of this is the Economic Security created by Tariffs, and the Deals that we have negotiated because of them,” Trump concluded his post.
Current and former officials said the administration is mapping out ways to reconstitute the tariff system using a mix of other trade statutes should the High Court rule against them. Those include Sections 232, 301, 122, and even the rarely used Section 338, to preserve leverage over U.S. trading partners and maintain billions in tariff revenue.
“They’re aware there are a number of different statutes they can use to recoup the tariff authority,” Everett Eissenstat, a former deputy director of the White House National Economic Council said.
Treasury Secretary Scott Bessent said he will attend Wednesday’s Supreme Court hearing, calling the case “a matter of national security.”
“This is an economic emergency,” Bessent said, stressing that Trump’s tariff strategy protects American jobs and industries.
Bessent has also said that even if IEEPA is struck down, the administration will “simply switch” to other legal authorities such as Section 122, which permits short-term 15% tariffs, or Section 338, which allows up to 50% duties on countries that discriminate against U.S. commerce.
“You should assume they’re here to stay,” he said of Trump’s tariffs.
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