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Trump to ask Supreme Court to save tariffs but faces tough legal questions

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Trump to ask Supreme Court to save tariffs but faces tough legal questions


US President Donald Trump speaks to members of the media, on the day of a closed House Republican Conference meeting on Capitol Hill in Washington, DC, US, May 20, 2025. — Reuters
US President Donald Trump speaks to members of the media, on the day of a closed House Republican Conference meeting on Capitol Hill in Washington, DC, US, May 20, 2025. — Reuters 

WASHINGTON: US President Donald Trump is set to imminently ask the conservative-majority Supreme Court to validate his broad emergency tariffs after two setbacks at lower courts, but will face tough legal questions as his administration presses ahead with backup plans.

Legal and trade experts said that the Supreme Court’s 6-3 majority of Republican-appointed justices may slightly improve Trump’s odds of keeping in place his “reciprocal” and fentanyl-related tariffs after a federal appeals court ruled 7-4 last week that they are illegal.

Trump said on Tuesday that his administration would seek as early as Wednesday an expedited ruling by the Supreme Court “because we need an early decision.” He warned of “devastation” if the duties he imposed under the International Emergency Economic Powers Act (IEEPA) are struck down.

The US Court of Appeals for the Federal Circuit agreed on Friday with a lower court in finding that IEEPA does not grant the president unlimited authority to impose tariffs and the 1977 statute does not mention the term among regulatory powers it allows in a national emergency.

The ruling marked a rare setback for Trump, who has sought to re-order the global economy in the US’s favor with tariffs by declaring a national emergency over decades of trade deficits.

Top administration officials, including Treasury Secretary Scott Bessent, say they expect the Supreme Court to uphold the use of IEEPA to justify tariffs, but will turn to other legal means if needed. The tariffs will remain in place at least through October 14 to allow time for the government to file the Supreme Court appeal.

Major questions doctrines

Trump’s Department of Justice has argued that the law allows tariffs under emergency provisions that authorise a president to “regulate” imports or block them completely.

How far that unwritten regulatory authority goes is the biggest challenge for Trump’s appeal, and two losses have led some legal scholars to predict that the Court of International Trade’s original ruling against the tariffs will ultimately be upheld.

“I have a really hard time believing that the Supreme Court is going to read IEEPA in such a broad way that the President can write and rewrite the tariff code in any way he wishes, on any particular day for any particular reason,” said John Veroneau, a former Republican-appointed deputy US Trade Representative and partner at Covington and Burling.

Veroneau said that the case will test the Supreme Court’s “major questions doctrine”, which holds that if Congress wants to give an executive agency the power to make decisions of “vast economic and political significance,” it must do so explicitly.

The doctrine was used against former President Joe Biden in 2023 when the Supreme Court ruled 6-3 that he overstepped his authority by moving to cancel up to $400 billion in student loans — an order that the court said had a “staggering” scope of impact.

A key question is whether the court will apply the same standard to Trump’s tariffs. Comparing these to the impact of the student loan cancellations, the appeals court said in its decision that “the overall economic impact of the tariffs imposed under the government’s reading of IEEPA is even larger still.”

Split decision

Balancing this will be the Supreme Court’s traditional deference to the president on matters of foreign affairs and national emergencies, an issue where the 6-3 conservative majority may come into play. Six of the seven appeals court judges voting against the IEEPA tariffs were appointed by Democratic presidents, but there were crossover votes among both parties’ appointees.

“Given the Federal Circuit’s majority opinion and the dissent were quite robust, the Supreme Court will likely address the meat of whether IEEPA allows the administration to impose tariffs,” said Ryan Majerus, a former senior Commerce Department official and a partner with King and Spalding.

“That decision, either way, will have significant implications for where the administration’s trade policy goes next,” Majerus said.

The Trump administration has already been expanding tariff investigations under other legal authorities, including the national security-focused Section 232 of the Trade Expansion Act of 1962 under which a probe into furniture imports has been launched.

Bessent told Reuters that another option could be a provision of the Smoot-Hawley Tariff Act of 1930, which allows the president to impose tariffs of up to 50% on imports from countries that are found to discriminate against US commerce. The statute, Section 338, has been largely dormant for decades but would allow for quick imposition of tariffs.

If the IEEPA tariffs ultimately are struck down, trade lawyers said that a major headache for the Trump administration will be refunds of paid duties. Majerus said importers can lodge protests at the Customs and Border Protection agency to obtain refunds, but these efforts may end up in litigation.

CBP reported that as of August 25, collections of Trump’s tariffs imposed under IEEPA totaled $65.8 billion.

A source familiar with the Trump administration’s thinking said that lawyers sifted through the ruling over the Labor Day holiday weekend to gauge possible outcomes and expected a quick appeal to the Supreme Court, with a final decision likely in early 2026.





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Trump to rename Department of Defence the ‘Department of War’

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Trump to rename Department of Defence the ‘Department of War’


The Pentagon is seen from the air in Washington, DC, US, March 3, 2022. —
The Pentagon is seen from the air in Washington, DC, US, March 3, 2022. — 
  • Congressional approval needed, but Republicans unlikely to oppose.
  • Critics argue name change is costly and unnecessary distraction.
  • Move would put Trump’s stamp on govt’s biggest organisation.

US President Donald Trump plans to sign an executive order on Friday to rename the Department of Defence the “Department of War,” a White House official said on Thursday, a move that would put Trump’s stamp on the government’s biggest organisation.

The order would authorise Defence Secretary Pete Hegseth, the Defence Department and subordinate officials to use secondary titles such as “Secretary of War,” “Department of War,” and “Deputy Secretary of War” in official correspondence and public communications, according to a White House fact sheet.

The move would instruct Hegseth to recommend legislative and executive actions required to make the renaming permanent.

Since taking office in January, Trump has set out to rename a range of places and institutions, including the Gulf of Mexico, and to restore the original names of military bases that were changed after racial justice protests.

Department name changes are rare and require congressional approval, but Trump’s fellow Republicans hold slim majorities in both the Senate and House of Representatives, and the party’s congressional leaders have shown little appetite for opposing any of Trump’s initiatives.

The US Department of Defence was called the War Department until 1949, when Congress consolidated the Army, Navy and Air Force in the wake of World War Two. The name was chosen in part to signal that in the nuclear age, the US was focused on preventing wars, according to historians.

Changing the name again will be costly and require updating signs and letterheads used not only by officials at the Pentagon in Washington, D.C., but also military installations around the world.

An effort by former President Joe Biden to rename nine bases that honored the Confederacy and Confederate leaders was set to cost the Army $39 million. That effort was reversed by Hegseth earlier this year.

The Trump administration’s government downsizing team, known as the Department of Government Efficiency, has sought to carry out cuts at the Pentagon in a bid to save money.

“Why not put this money toward supporting military families or toward employing diplomats that help prevent conflicts from starting in the first place?” said Democratic Senator Tammy Duckworth, a military veteran and member of the Senate’s Armed Services Committee.

“Because Trump would rather use our military to score political points than to strengthen our national security and support our brave servicemembers and their families – that’s why,” she told Reuters.

Long time in the making

Critics have said the planned name change is not only costly, but an unnecessary distraction for the Pentagon.

Hegseth has said that changing the name is “not just about words — it’s about the warrior ethos.”

This year, one of Trump’s closest congressional allies, Republican US House of Representatives Oversight Committee Chair James Comer, introduced a bill that would make it easier for a president to reorganise and rename agencies.

“We’re just going to do it. I’m sure Congress will go along if we need that … Defence is too defensive. We want to be defensive, but we want to be offensive too if we have to be,” Trump said last month.

Trump also mentioned the possibility of a name change in June, when he suggested that the name was originally changed to be “politically correct.”

But for some in the Trump administration, the effort goes back much further.

During Trump’s first term, current FBI Director Kash Patel, who was briefly at the Pentagon, had a sign-off on his emails that read: “Chief of Staff to the Secretary of Defense & the War Department.”

“I view it as a tribute to the history and heritage of the Department of Defence,” Patel told Reuters in 2021.





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Recognising Palestinian state to create more problems, jeopardise ceasefire efforts: US

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Recognising Palestinian state to create more problems, jeopardise ceasefire efforts: US


US Secretary of State Marco Rubio speaks at an event. —Reuters/File
US Secretary of State Marco Rubio speaks at an event. —Reuters/File
  • Rubio says it may trigger new strikes, could harden conflict lines.
  • Avoids comment on Israeli annexation plans, calls them not final.
  • US Secretary of State makes these remarks during Ecuador visit.

The United States has told other countries that recognition of a Palestinian state will cause more problems, US Secretary of State Marco Rubio said on Thursday.

“We told all these countries, we told them all, we said if you guys do this recognition stuff, it’s all fake, it’s not even real, if you do it, you’re going to create problems,” Rubio said from Quito, where he met with President Daniel Noboa and his Ecuadorean counterpart.

“There’s going to be a response, it’s going to make it harder to get a ceasefire, and it may even trigger these sorts of actions that you’ve seen, or at least these attempts at these actions,” Rubio said, adding he would not opine on Israeli discussion of annexation of the West Bank but that it was not final.





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What would wider recognition of Palestine mean for Palestinians and Israel?

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What would wider recognition of Palestine mean for Palestinians and Israel?


Palestinians displaced by the Israeli military offensive take shelter in a tent camp, as Israeli forces escalate operations around Gaza City, in Gaza City, September 2, 2025. — Reuters
Palestinians displaced by the Israeli military offensive take shelter in a tent camp, as Israeli forces escalate operations around Gaza City, in Gaza City, September 2, 2025. — Reuters

Major European powers have said they could recognise an independent Palestinian state in coming weeks. What would that mean for the Palestinians and Israel?

What is the status of Palestinian statehood now?

The Palestine Liberation Organization declared the independence of a Palestinian state in 1988, and most countries in the global South quickly recognised it. Today, 147 of the 193 member states of the United Nations have recognised a Palestinian state, most recently Mexico in January 2025.

Israel’s main ally the United States has long said it intends to recognise a Palestinian state eventually, but only at the end of negotiations between the Palestinians and Israel on an agreed “two-state solution”. Until recent weeks, this was also the position of the major European powers. Israel and the Palestinians have held no such negotiations since 2014.

A delegation officially representing the State of Palestine has permanent observer status but no voting rights at the United Nations. No matter how many individual countries recognise Palestinian independence, full UN membership would require approval of the Security Council, where Washington has a veto.

Palestinian diplomatic missions worldwide, including the mission to the UN, are controlled by the Palestinian Authority, which is recognised internationally as representing the Palestinian people.

The PA, led by President Mahmoud Abbas, exercises limited self rule in parts of the Israeli-occupied West Bank under agreements with Israel. It issues Palestinian passports and runs the Palestinian health and education systems.

In the Gaza Strip, administration has been under the control of the Hamas group since 2007, when it drove out Abbas’s Fatah movement, although the PA still funds many salaries.

Who is promising to recognise Palestine and why?

Britain, France, Canada, Australia and Belgium have all said they will recognise a Palestinian state at the United Nations General Assembly later this month, although London said it could hold back if Israel were to take steps to ease the humanitarian crisis in Gaza and commit to a long-term peace process.

The countries say these moves are intended to put pressure on Israel to end its assault on Gaza, curtail the building of new Jewish settlements in the occupied West Bank and recommit to a peace process with Palestinians.

French President Emmanuel Macron, the first leader of a major Western power to endorse recognition, has said the move would be accompanied by a commitment by the PA to enact reforms, which would improve Palestinian governance and make the PA a more credible partner for the post-war administration of Gaza.

What has recognition meant in practice?

Those who see recognition as a largely symbolic gesture point to the negligible presence on the ground and limited influence in the conflict of countries such as China, India, Russia and many Arab states that have recognised Palestinian independence for decades.

Without a full seat at the United Nations or control of its own borders, the Palestinian Authority has only limited ability to conduct bilateral relations. There are no missions with the status of embassies in Palestinian territory, and countries cannot freely send diplomats there.

Israel restricts access for trade, investment and educational or cultural exchanges. There are no Palestinian airports. The landlocked West Bank can be reached only through Israel or through the Israeli-controlled border with Jordan, and Israel controls all access to the Gaza Strip.

Still, countries planning recognition and the PA itself say it would be more than an empty gesture.

While Western countries considering recognition have not made explicit commitments to provide additional funding to the PA, the Palestinian ambassador to the United Kingdom, Husam Zomlot, said recognition could lead to strategic partnerships.

“We will stand at equal footing,” he told Reuters, adding that every avenue will be pursued “to bring an end to the insanity and to the mistakes of the past”.

Recognising Palestinian independence could also require countries to review aspects of their relationships with Israel, said Vincent Fean, a former British consul general to Jerusalem.

In Britain’s case, this could result in steps such as banning products from Israeli settlements in occupied Palestinian territories, he said, although such moves could also be seen as “symbolic in that sense that those goods are a pinprick in the overall size of the Israeli economy”.

How have Israel and the United States reacted?

Israel, facing a global outcry over its conduct in the Gaza war against Hamas, has reacted angrily to recognition gestures, which it says would reward the Palestinian resistance group for the October 2023 attacks that precipitated the war.

After decades during which Israel was formally committed to a peace process ending in Palestinian independence, Israel is now run by the most far-right government in its history, including parties who say their mission is to make it impossible for the Palestinians ever to gain a state.

Prime Minister Benjamin Netanyahu says Israel will never give up ultimate security control of Gaza or the West Bank.

The United States strongly opposes any move by its European allies to recognise Palestinian independence. It has responded by imposing sanctions on Palestinian officials, including denying and revoking visas which will block Abbas and other PA figures from attending the UN General Assembly in New York.





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