...the Solicitor General, on behalf of the President of the United States and other petitioners, respectfully requests that this Court expedite resolution of this case to the maximum extent feasible, given the enormous importance of quickly confirming the full legal standing of the President’s tariffs under the International Emergency Economic Powers Act (IEEPA), and the urgent need for swift resolution. The en banc Federal Circuit's erroneous decision has disrupted highly impactful, sensitive, ongoing diplomatic trade negotiations, and cast a pall of legal uncertainty over the President’s efforts to protect our country by preventing an unprecedented economic and foreign-policy crisis.
As Secretary of the Treasury Scott Bessent explains in the enclosed declaration, the en banc Federal Circuit’s 7-4 ruling that the tariffs are unlawful, “though judicially stayed, raises legal uncertainty about [the President’s IEEPA] tariffs that gravely undermines the President’s ability to conduct real-world diplomacy and his ability to protect the national security and economy of the United States.” “The recent decision by the Federal Circuit is already adversely affecting ongoing negotiations. World leaders are questioning the President’s authority to impose tariffs, walking away from or delaying negotiations, and/or imposing a different calculus on their negotiating positions.” In addition, “[t]he longer a final ruling is delayed, the greater the risk of economic disruption.” “For example, delaying a ruling until June 2026 could result in a scenario in which $750 billion-$1 trillion in tariffs have already been collected, and unwinding them could cause significant disruption.” ....
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