By Joan Biskupic, CNN Chief Supreme Court Analyst
(CNN) — When the Supreme Court agreed last September to hear a dispute over President Donald Trump’s billion-dollar tariffs on foreign goods, it heeded the administration’s plea that time was of the essence.
To Trump, the case is a matter of “LIFE OR DEATH for our Country,” as he wrote on social media. Treasury Secretary Scott Bessent warned that the US is “on the brink” and “the longer a final ruling is delayed, the greater the risk of economic disruption.”
The court imposed a fast-track briefing schedule and held oral arguments on November 5. That session exposed multiple sticking points among the justices, but the public’s expectation of a relatively quick resolution endured.
As global markets churn and American consumers anticipate even pricier goods, the question persists: Does the president have this tariff authority or not? And when will the Supreme Court tell everyone?
The urgency has been heightened by Trump’s Monday announcement of increased tariffs on goods from South Korea, from 15% to 25%, and last week’s initial threat of new tariffs against European nations that refused to back his plan to control the Danish territory of Greenland. (He backed down from the tariff threat by mid-week.)
The nine justices have begun a recess and are next scheduled to take the bench and possibly issue opinions on February 20. They could interrupt this recess if a decision was finished before then. But such a move would be highly unusual.
Lawyers have advised clients to be patient.
“We’ve said, ‘We know you’re all frustrated. You want a resolution immediately,’” said Oliver Dunford, a Pacific Legal Foundation attorney who filed a “friend of the court” brief on behalf of Princess Awesome children’s clothing and other small US businesses. “But in terms of litigation, this is really, really fast. Getting to the Supreme Court in a matter of months is really fast.”
Dunford, like many lawyers involved in the case, had thought the ruling might have come by now. So did the news media. Throughout January, the financial press, especially, ran weekly stories with such headlines as “No Ruling on Trump Tariffs”, “Supreme Court Doesn’t Rule on Tariffs” and “Is Trump Tariff Supreme Court Ruling Today?”
Asked Tuesday about a possible loss at the Supreme Court, Trump said on Fox News, “We will find something, some other way of doing a similar thing, but it’ll be more inconvenient.” His emergency tariffs are generating tens of billions of dollars for the US Treasury each month.
There are some explanations for the wait, beginning with the sheer difficulty of a case. The justices during oral arguments appeared conflicted over when a president can seize Congress’ usual tariff power. Trump has asserted authority under a 1977 law intended for international economic emergencies.
Then there’s the reality of no hard and fast deadline. In the past, when the justices dashed out rulings, there was a looming external deadline. Last year, for example, the court swiftly heard arguments and resolved a dispute over a federal law that required Chinese divestment of TikTok. The Read more