Trump Administration Warns of ‘Irreparable Harm’ If Court Rules Against Tariffs

‘The Court’s ruling will have a concrete and immediate effect on United States national security and foreign policy,’ the trade ambassador, Jamieson Greer, cautions.

AP/Mark Schiefelbein
U.S. Trade Representative Jamieson Greer testifies before the Senate Finance Committee on Capitol Hill, April 8, 2025. AP/Mark Schiefelbein

Trump administration officials are warning a little-known trade court that if it rules against President Trump’s tariffs, it would cause “serious damage” or “irreparable harm” to his foreign-policymaking abilities.

In new filings with the United States Court of International Trade, the officials lay out the consequences of the three-judge panel deciding the tariffs are not constitutional.

The president unveiled the tariffs on his “Liberation Day” in April. He used the International Emergency Economic Powers Act to declare a national emergency and levy a 10 percent tariff worldwide on imports. Other countries, including Communist China, were punished with much higher tariffs. Several small businesses filed suit in the trade court claiming that the tariffs are causing them irreparable harm and that Mr. Trump doesn’t have the authority to impose tariffs.

The court heard two hours of arguments on May 13. The Cabinet officials filed responses on Friday. “The Court’s ruling will have a concrete and immediate effect on United States national security and foreign policy,” the trade ambassador, Jamieson Greer, states in his filing. He says the government’s negotiations with dozens of countries are in a “delicate state” since final deals have not been reached and if the court disrupts trade policy the president’s ability to address economic security matters “would suffer serious damage.”

The responses by the commerce secretary, Howard Lutnick, and Secretary Rubio claim a ruling against the administration would cause “irreparable harm” to the administration’s foreign-policymaking abilities. Mr. Lutnick adds that a cease-fire between India and Pakistan this month was only reached because Mr. Trump intervened. The trading access Mr. Trump offered in order to avert a full-scale war between the two nuclear powers came from the emergency economic powers Mr. Trump is using to justify the tariffs, Mr. Lutnick stated, claiming that millions of people would have been in danger if Mr. Trump was not able to step in.

Secretary Bessent’s filing calls the tariffs “crucial” to the president and “his ability to protect the national security and economy of the United States.”

The plaintiffs are asking the trade court to block all the tariffs, saying they need to come from Congress. The administration’s lawyers want the lawsuit thrown out and claim the plaintiffs have not shown harm from the tariffs.

The judges have not indicated when they will decide the case but set a May 30 deadline for responses to be filed. There are at least six other court challenges to Mr. Trump’s tariff policies, including one filed by 12 states, that the trade court is also reviewing.


The New York Sun

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