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Trump Says He's Not Going to SCOTUS Tariff Hearing

President Donald Trump on Nov. 2 said he won't attend the Supreme Court's oral argument on Nov. 5 on whether the president can use the International Emergency Economic Powers Act to impose tariffs. Speaking to reporters aboard Air Force One, Trump said he didn't want to call attention to himself, adding that "[i]t's not about me, it's about our country" (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).

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The Supreme Court will hold the oral argument on whether IEEPA can be used for tariffs and, if so, whether Trump's reciprocal tariffs and tariffs on China, Canada and Mexico to combat fentanyl trafficking are a valid exercise of that authority. Previously, Trump indicated that he wanted to attend the oral argument, stressing the importance of the cases (see 2510160024).

During his Nov. 2 comments, Trump said he thinks the decision will be "one of the most important decisions in the history of our country," because the U.S. "would suffer tremendously from a national security standpoint" without the free use of tariffs. "The national security of our country is at stake," he said, adding that "economic health is also a part of national security."

On Nov. 5, Trump is set to travel to Miami, where he's scheduled to speak at the America Business Forum. He said he wants to attend the hearing "so badly," but he just didn't "want to do anything to deflect the importance of that decision."

The administration filed its final reply brief in the cases on Oct. 30, addressing the many statutory and constitutional issues at the fore with the president's use of IEEPA (see 2510310019). The government's side will be argued by Solicitor General D. John Sauer, while the challengers to the tariffs will be represented by Neal Katyal, partner at Milbank, and Benjamin Gutman, solicitor general for the State of Oregon.